
,57/^ 



E 532 
.S766 
Copy 1 



DOCUMENTS. 



109 



power, consistently with his instructions, to i^rc- 
serve peace and order. 

"He is, however, compelled to recognize the 
existence of a rebellion in a portion of the United 
States; and, in view of it,, me stands upon the 
proclamation of the President, itself based upon 
the law and the Constitution of the United States. 
" The proclamation commands the dispersion 
of all armed bodies hostile to the supreme law 
of the land. 

" General Harney sees, in the Missouri Military 
Bill, features which compel him to look upon 
such armed bodies as ma}'' be organised under 
its provisions, as antagonistic to the United 
States ; within the meaning of the proclamation, 
and calculated to precipitate a conflict between 
the State and the United States troops. 

'' He laments this tendency of things, and most 
cordially and earnestly invites the cooperation of 
General Price to avert it. 

"For this purpose, Getieral Harney respect- 
fully asks General Price to review the features 
of the bill in the spirit of law, warmed and ele- 
vated by that of humanity, and seek to discover 
some means by which its action may be suspend- 
ed, initil some competent tribunal shall decide 
upon its character. 

" The most matorial features of the bill calcu- 
lated to bring about a conflict are, first, the oath 
required to be taken by the militia and ' State 
Guards,' (an oath of allegiance to the State of Mis- 
souri, withotit recognising the existence of the 
(rovernment of the United States,) and, secondh", 
the express requirement, by which troops within 
the State, not organized under the provisions of 
the Militar}'^ Bill, are to be disarmed by the State 
Guiirds. 

"Gen. Harney cannot be expected to wait a 
siunmons to surrender his arms, from the State 
Guards. 

"From this statement of the case, the true 
question becomes immediately visible and cannot 
be shut out of view. 

" Gen. Price is earnestly requested to consider 
this ; and Gen. Harney will be happj'' to confer 
with him on the subject whenever it may suit his 
convenience." 

Doc. 21. 
THE TEXAS TREASON. 

A PAPER READ BEFORE THE NEW-YORK HISTORICAL 
SOCIETY, JUNE 25, 1861, BY MAJOR J. T. SPRAGCE, 
UNITED STATES ARMY. 

It is to me, Mr. President, a source of gratifi- 
cation and pleasure in being invited to address 
this time-honored Association, and to be instru- 
mental in depositing with you facts and incidents, 
peculiar and striking in their character, which 
will in time to come, when the historian shall 
gather up the records of the past, fill his mind 
with astonishment, as well as with sorrow and 
regret. It is not often, my countrymen, that one 
of my profession is found in the position occupied 
by myself here to-night ; indeed, I feel a degree 
of embarrassment almost unsurmountable, but 
Si;p. Doc. 7. 



in the midst of the perils and revulsions now agi- 
tating our country, men must expect to appear 
in new relations ; and it becomes every one's 
duty to summon the energy of his head and his 
heart, to meet the trials incident to the occasion. 
With all this, I feel to-night a degree of sadness 
and sorrow, as well as gratification — sadness 
and sorrow, that the incidents which have trans- 
pired around me within the past three months, 
occurred within the circumference of own once 
peaceful and happy land — gratification that I am 
again under the folds of our long-cherished ban- 
ner, and within the sound of the cheerful voices 
of freemen. Strange and inconsistent as it may 
seem, I am here to-night a prisoner — a piisoner 
of war in the hands of my own counti-ymen — a 
prisoner on parole, made so by usurpation and the 
stern hand of military power and authority ; and 
I owe to myself, to my companions, to my coun- 
try, and to history, to state as succinctly, and as 
briefly as possible, the unfortunate and disastrous 
events leading to this result. Humiliating, in- 
deed, is this necessity to soldiers of well-tried 
loyalty, when finding their acts impugned and 
misunderstood by many of their countrymen, 
who denounce the enemy as rebels, and disclaim 
their right to demand of prisoners the usages of 
civilised warfare. 

Eighteen years, out of twenty-four, my mili- 
tary duties have been confined to the South. 
From the hummocks and everglades of Florida, 
to the frontiers of Georgia, Alabama, the Creek 
and Cherokee country, Arkansas, Texas and New- 
Mexico, my time and services have been devoted 
to the protection of citizens and their property. 
With the abundant resources of the Government, 
together with the toils and privations of officers 
and soldiers, security was at all times given to 
homes, to helpless women and children, to the 
enterprising frontiersmen, against the bold and 
relentless savage, seeking vengeance upon the in- 
nocent and unoffending. 

Texas was to me a section of peculiar interest. 
The delightful climate, and the warm and genial 
fellowship of her citizens, gave to our associations 
there a strong and ardent attachment. I arrived 
in San Antonio in the spring of Forty-nine, when 
pestilence was desolating the land, brave men 
trembled,- and the timid fled. It was then, when 
the soldier and citizen stood side by side in the 
fearful conflict, and unitedly wept over the graves 
of many cherished friends and companions ; we 
loved to linger around the resting-place of those 
whose virtues and example cheered and alleviat- 
ed the toils and perils of a soldier's life. After 
ten years' service, I found m3rself rudely expelled 
from the land so ardently cherished. Political 
sentiments had corrupted the public mind. The 
pestilential atmosphere of secession had crept 
into the hearts of well-tried citizens. The dark 
wing of rebellion hovered over this enterprising 
and prosperous State, poisoning the public mind, 
causing a bitter animosity to all those who es- 
poused the cause of our common country. 

The comljination of political events, treason, 
and bad faith, culminated with such fearful ra- 












110 



REBELLION' RECORD, 1860-61. 



pidity that friends were turned into active and 
uncompromising foes. The officers and soldiers 
soon found themselves prisoners of war in the 
hands of their countrymen — as humiliating- to 
them as it has been found embarrassing to our 
Government. Safe -guards were placed in our 
hands, to insure safe conduct out of Texas, and 
through the confederated States. Had these dis- 
astrous and most humiliating events been attri- 
butable to our own acts, or had we been taken 
prisoners upon the battle-field, we woidd not com- 
plain ; but thus to be sold into bondage, through 
acts of traitors, and by usurpation, is too much to 
be quietl}' endured, and we are not willing to be 
crushed without an appeal to our countrymen, to 
vindicate our cause, and to record historically 
our fidelity to the Union. 

Twenty-four years I have seen the flag of our 
country go up and come down with the rising 
and setting sun, guaranteeing peace and ])rosper- 
it}'' throughout the land. I have seen it in a for- 
eign land, surmounting the white wings of com- 
merce, commanding the homage of the world. I 
have folded its Stars and Stripes upon the breast 
of many a cherished comrade and friend. I have 
carried it from the Mississippi River to the Rocky 
Mountains, surrounded by our laws and insti- 
tutions, when the emigrant mother, with her 
little brood, would hover beneath its folds, as 
night closed in upon the distant plain, and rest 
in peace and security. I have seen it in the dark 
hour of peril, when doubts and fears hung upon 
the conflict, and greeted its returning raj's with 
victory perched upon its eagles. 

In narrating events that have come under my 
observation, it is not my desire or design to wound 
the pride or feelings of any one. There are doubt- 
less those within the sound of my voice, who 
are identified with individuals conspicuous in the 
events now passing around us. Men, who by 
word or deed appear upon the stage of public life, 
must e.vpect criticism, often severe, sometimes 
unmerited. The unfortunate but unavoidable 
conflict, now convulsing our country, tears asun- 
der the ties of kindred and affection. AVarm 
hearts and tried fiiendships arc shocked with the 
epithet of rcl)el anil traitor. My determination 
is to state fticts, and leave to public opinion and 
to history the merited condemnation or praise. 

There is no section of our country so strikingly 
illustrative of the peculiar characteristics of our 
people as the State of Texas. Within her limits 
are citizens from every State in the Union, as 
well as large numbers from foreign countries. 
They bring with them the habits and sentiments 
peculiar to their homes, and thus, unitedly, form 
the basis of a hardy, vigorous, intelligent popu- 
lation. The State is divided into, and is well 
known as, Fiastern and Western Texas. The for- 
mer extends from Austin, the capital, to the Sa- 
bine River, well adapted to slave labor, produce- 
ing cotton, sugar, and tobacco. The latter com- 
mences at San Antonio, comprising the country 
to the Rio (Jrande, thence down to the coast of 
the Gulf of Mexico. Corn is raised in large quan- 
tities, and the wide range of prairie-land induces 



capitalists to embark extensivclj' in the raising of 
cattle, horses, and mules. The German popula- 
tion is large, and distinguished for intelligence 
and industry, and their opposition to slave labor, 
and for which, by recent events, they have been 
severely punished. The active hostility of In- 
dians upon this frontier so many years, has been 
the means of inuring the settlers to privations 
and dangers, and creating a roving and daring 
class of men known as Texas Rangers. As it is 
generally supposed an American is born a soldier, 
so, in this section, every man is, by inheritance, 
a Texas Ranger. A\lth his horse, rifle, and pow- 
der-horn, and ten days' subsistence in his saddle- 
bags, he takes the field, confident of success. The 
Ranger of the present daj^, however, is but an 
imitator of those brave and resolute men, the 
pioneers of Texas, now extinct. Within the 
State there is a secret association, known as the 
" K. G. Cs. " — Knights of the Golden Circle. 
The headquarters are in San Antonio. In every 
county there is a place of assemblage called the 
Castle. Generals, colonels, major,s, and captains 
are assigned to the various stations. Meetings 
are called, by orders from headquarters, and the 
utmost promptness and system distinguish their 
proceedings. The initiation fee is one dollar : 
five degrees are conferred — divulging the designs 
of the order costing thirty dollars.* The funds 
are placed in the hands of a treasurer, and ap- 
plied, vuider the direction of a select committee, to 
the purchase of arms, accoutrements,'and ammuni- 
tion. It is estimated, by competent authority, 
that eight thousand men can be brought into the 
field at four days' notice, well equipped. With 
this display of force, and the harmony and se- 
crecy distinguishing the order, they hold in sub- 
jection the sentiments and conduct of the entire 
population of the State. At the Castles reports 
are made in regard to individuals, their conduct 
and opinions, and transmitted, for final action and 
investigation, to the headquarters.* 

The cordon of military posts along the fiontier 
of Texas, W'as established in the month of March, 
1849. To sustain these there has been expended, 
annually, within the State, fi-om one million si.x 
himdred thousand to two millions four hundred 
thousand dollars. The line extends from Red Riv- 
er to the Rio Grande, thence down the river to Fort 
Brown, opposite the Mexican town of Matamoras. 
The distance is about fourteen hundred miles. 
Forts Worth, Cobb, Cooper, Chadbourne, Belknap, 
McKevitt, Bliss, Quitman, Lancaster, Stockton, 
Hudson, Clarke, Duncan, Mcintosh, Ringgold, 
and Camp Yerde, arc the most important posi- 
tions, at which are stationed from fifty to one 
hundred and fifty men, artillery, cavalry, and in- 
fantry. In the vicinity, are detached camps, de- 
signed to intercept Indian war parties, going to 
and from Mexico, and from the settlements. San 
Antonio is the head(]uartcrs of the department, 
as well as the general depot of supplies. The 
nearest port to San Antonio is Camp A\'rde, six- 
ty-five miles ; the most distant. Fort Bliss, six 

* The object of this institution is the protection and exten- 
sion of slavery. 



DOCUMENTS. 



Ill 



hundred and seventy-five miles. The other sta- 
tions vary from one hundred and forty miles to 
four hundred and fifty, and from each other from 
eighty to one hvmdred miles. The communication 
is kept up by horse expresses, consisting, gener- 
ally of four or six men, according to the activity 
and hostility of the Indians. San Antonio is one 
hundred and fifty miles from Indianola, ihoentre- 
j)ot upon the coast, or Matagorda Bay. The ag- 
gregate number of the United States troops with- 
in the department of Texas, in February last, 
was two thousand five hundred and fifty, and 
sixty - two commissioned officers, consisting of 
cavalry, artillery, and infantry. 

On the fifth of December, 1860, Brevet Major- 
Gen. David E. Twiggs, U. S. Armj-, arrived at 
Indianola, Texas, and, by orders fi'om Washington, 
assumed command of this military district, known 
as the Department of Texas. For two years he 
had resided in New-Orleans, La., retired from ac- 
tive military duties, owing to age and impaired 
health. Forty-eight years he had been in the 
service of the Federal Government. Nature had 
endowed him with a sagacious and active mind, 
far higher than witli that element so essential to 
a soldier. Caution and self-preservation distin- 
guished his career in the army. Upon reaching 
Indianola, he expressed to the citizens his opin- 
ions as to the critical situation of the countr}^, 
owing to the election of Abraham Lincoln as 
President of the United States. Leaves of ab- 
sence were tendered officers of the army, to the 
full extent of his authority, with the avowed ob- 
ject that they might repair to their various States 
and attend to their professional interests, declar- 
ing, at the same time, " the Union at an end in 
less than sixty days, and if they had pay due 
them to draw it at once, as it would be the last." 
These sentiments were promulgated throughout 
Texas, with a corresponding degree of excite- 
ment and malignitj'', suited to the tastes and 
habits of a class of men there, seeking distinction 
and office upon the ruins of their countr}'. The 
position he occupied, the patronage and resources 
of the General Government in hand, together 
with the general belief, that under his auspices 
and advice, the officers and soldiers of the army 
would espouse his cause, good and patriotic citi- 
zens were misled, and induced to look upon seces- 
sion as the only remedy from apprehended evils 
in the dissolution of our Government. Upon 
reaching San Antonio, steps were immediatclj^ 
taken to destroy the power and energy of this 
military department, as had been the example in 
Washington City, by conspiracy, robbery and 
fraud. Officers were invited, solicited, to flee 
from the dissolving Government, and the private 
soldier counselled as to the policy of his adhering 
to a service represented to be so doubtful in char- 
acter, both in regard to permanency and pay. 
The means of transportation were cut off at all 
the posts, and the amount of ammunition and 
subsistence reduced to the consumption from 
week to week. During the months of February 
and March, there was not a command in Texas 
able to move one hundred miles from its post, for 



the want of animals, wagons, and subsistence. 
Such a procedure, together with the unreserved 
avowal of State sovereignty, and a general denun- 
ciation of Federal authority on the part of the 
Department Commander, Texas had only to make 
the necessary preliminary arrangements having 
the semblance of law, when the property of the 
General Government would fall into her hands 
without remonstrance, on the exhibition of a reg- 
ular force. The officers and soldiers, instead of ' 
being concentrated at San Antonio for the secu- 
rity of public supplies, were helpless at the dis- 
tant posts, and had no knowledge of what had 
transpired until orders came to abandon the 
country. 

The following document, the "Report of the 
Committee on Public Safety," give, in detail, the 
steps taken to perfect these treasonable designs, 
together with the arrangements made for the de- 
parture of the United States troops out of Texas : 

REPORT NO. 1. REPORT OF COMMITTEE OF PUBLIC 

SAFETY. 

CoM5iiTTEE-RooM, March 6, 1801. 

To the Hon. 0. M. Eoherts^ President of the Con- 
tention : 

The Committee on the Public Safety, beg leave 
to submit through you, to the Convention of the 
People, the following report in detail of the nu- 
merous and important matters which were con- 
fided to them, both during the sitting of the Con- 
vention, and during the recess from the adjourn- 
ment on the fifth day of February, and the re- 
assembling of the same, on the second day of 
March. 

After the passage of the Ordinance of Secession, 
by the Convention, the Committee, believing that 
it would be of the highest importance to secure, 
to the State of Texas, the property belonging to 
the United States, then within the State ; that 
the public safety demanded that Texas should 
have control of the arms and munitions of war 
within her limits, it was too manifest for the Com- 
mittee to hesitate as to their duties on this sub- 
ject. The policy of coercion, it was believed, 
would be adopted by the incoming Administra- 
tion of the late United States Government, and 
with about two thousand eight hundred United 
States regular troops, stationed at different points 
in the State, all of whom were well supplied with 
arms and ammunition, the Committee believed 
their presence, under the command and control of 
United States officers, was dangerous to the wel- 
fare and safety of the State, especially if they re- 
mained here without change, until secession of 
the State of Texas became a finality. 

It was also believed by the Committee, that 
although many of the army officers in command, 
in the Eighth Military District of the State erf 
Texas, would never consent to use the militaiy 
forces, under their command, against the people 
of Texas, jet the Committee did not know, and 
could not, how soon the friends of the South might 
be superseded, and our enemies placed in their 
stead. In view of these facts, and the fact that 
Texas was justly entitled to her share of the pub- 



112 



REBELLIOX EECORD, 18f.0-Cl. 



lie property, and in view of the fact that Texas 
was without arms for her defence, the Committee, 
under the authority of an ordinance of the Con- 
vention, passed the second of February, 1861, 
proceeded to set on foot a plan for obtaining pos- 
session of the United States property, and for the 
removal of the United States troops from Texas. 
The following is a copy of said ordinance : 

Resolution of the Convention conferring Author- 
ity on the Committee of Piihlic Safety. 

Resolved, By the people of the State of Texas, 
by Delegates in Convention assembled, that should 
the Standing Committee of Public Safety deem it 
essential to the public safety to appoint Commis- 
sioners, officers or persons, in reference to taking 
possession of any of the Federal property, within 
the limits of this State, they shall have power to 
appoint such, and assign them their duties, and 
give them the instructions under which they shall 
act ; but this power shall only extend to such 
cases in which the Committee may deem prompt 
action and secrecy absolutely necessary. 

That a copy of this resolution, signed by the 
President of this Convention, and the appoint- 
ments and instructions, signed by the Hon. John 
C. Piobertson, Chairman of said Committee, shall 
be full authority to the person, or persons, acting 
under the same, and a full justification for all 
acts done in pursuance thereof. 

Adopted second February, a.d. ISGl. 

Preparatory to the appointment of officers and 
Commissioners, under said ordinance, and to in- 
sure secrecy, as against tlie enemies of the coun- 
tr}', the following proceedings were had by the 
Committee : 

On the third of February, 1861, it was moved, 
and adopted by the Committee, that all officers, 
appointed by this Committee, should be elected 
1)}' ballot, and the Commissioners above named 
were so elected. 

Monrliiy, 4th February, 1 SOI. 

The following oath was proposed, and adopted 
by the Committee, to be administei-ed to each of 
the Committee, and all officers and agents em- 
ployed by it: 

" I solemnly swear that I will keep secret all 
the councils of this Counnittee, and all their pro- 
ceedings ; that I will also keep secret all the or- 
ders, ix'solutions and instructions from them that 
may be counnitted to me; that I will not divulge 
them or any of them, to any person whatever, 
unless I am authorized to do so by the said Com- 
mittee. 

" I further swear that I will true allegiance 
bear to the State of Texas, and faithfully execute 
the orders and instructions committed to me by 
the Convention, so far us in me lies, so help me, 
God." 

The Convention, in view of the fact that the 
business before the Committee could not be done 
during the sitting of the Convention, passed the 
following ordinance, requiring tiiem to continue 
in session during the recess of the Convention : 



Resolution giving Power to the Committee to sit 

during Recess, etc. 

Resolved, That the Standing Committee of Pub- 
lic Safety shall continue in session during the re- 
cess of this Convention ; that they hold their 
meetings at such times and places as in their 
judgment the public interest requires ; that said 
Committee may grant leave of absence to its mem- 
bers, provided such leave of absence shall not re- 
duce the number left to a less number than nine. 

Resolved, That said Committee shall keep a 
full and accurate journal of their acts, in a well- 
bound book, and report the same to the Conven- 
tion on the reassembling thereof on the second 
day of March next. 

Adopted February fourth, 18G1. 

On the third day of February, 1861, the Com- 
mittee, having been informed that Gen. Twiggs, 
who was then in command of the Eighth ^lilitary 
District in Texas, with headquarters at San An- 
tonio, was a Southern man by birth, and friendly 
to the cavise of the South, and would in all prob- 
ability surrender up to the Convention all the 
Federal property under his control, on demand 
being made,- passed the following resolution, 
with the hope that civil commissioners might ac- 
complish the purpose of the Committee, without 
the display of an armed force : 

Resolved, That Sam. A. Maverick, Thomas J. 
Devine, Philip N. Luckett and James II. Rogers, 
be appointed Commissioners to confer with Gen. 
D. E. Twiggs, with regard to the public arms, 
munitions of war, etc., under his control, and be- 
longing to the CJovernnient of the United States, 
with power to demand and remove the same, in 
the name of the State of Texas, and that said 
Commissioners be clothed with full power to carry 
into effect the powers herein delegated, and re- 
tain possession of such ai'ms, munitions, stores, 
etc., subject to the order of the Convention of 
the People of the Slate of Texas, and report their 
acts and doings in the premises, to the Committee 
on Public Saiety. 

Pursuant to this resolution, the following com- 
mision was issued to T. J. Devine, Sam. A. Ma- 
verick, P. N. Luckett, and James II. Rogers, 
clothing them with authority as therein set forth, 
and with the authenticated copies of the ordin- 
ance of the Convention raising the Committee on 
Public Safetj^,- and clothing them with powers to 
appoint Commissioners, etc., and their authority, 
to exhibit to Gen. Twiggs. 

State of Tkxas, County of Travis. 

By virtue of the authority vested in the Com- 
mittee of Public Safety, as appears in the forego 
ing resolution, adopted by the Convention of the 
People of Texas, assembled in the city of Austin, 
on the twenty-eighth day of January, 1801 — 

You, T. J. Devine, Samuel A. Maverick, P. N. 
Luckett, and James II. Rogers, are hereby ap- 
pointed Commissioners to visit Major-Gen. Twiggs, 
conunanding the Eighth Military Division, sta- 
tioned at San Antonio, and confer with him in the 
name and by the authority of the people of Texas 



DOCUMENTS. 



113 



in Convention assembled, to demand, and receive, 
and receipt for all military, medical, commissary 
and ordnance stores under his control, within the 
limits of the State of Texas, exercising all due 
discretion for the securing and safe keeping of the 
same. To be held by j-ou without diminution 
or injury, subject to the order of the Committee 
of Public Safety, and in obedience to the provi- 
sions of such rules or ordinances as the Conven- 
tion may prescribe. 

Given under my hand, and by order of the 
Committee of Public Safety, at the city of Aus- 
tin, February fifth, 1861. J. C. Robertson, 

Chairman Committee of Public Safety. 

[Attest] Thomas J. Lubbock, 
J. A. Gkeen. 

But lest Gen. David E. Twiggs should decline 
to surrender the Government property to the 
Commissioners, and delay might prove flital to the 
enterprise, the Counnittee thought it prudent to 
elect Col. Ben. McCuUoch to the military rank of 
colonel of cavalry, and commission him accord- 
ingly, which they did. The following is a copy 
of liis commission : 

AuSTiu, Texas, February 3, 1861. 

The Committee do hei-eby appoint you, Ben. 
McCuUoch, military officer, and order you to hold 
yourself in readiness to raise men and munitions 
of war, whenever called on by the Commissioners 
to San Antonio, and to be governed as directed 
by the secret instructions, given said Commission- 
ers concerning said command, and you will sta- 
tion yourself at the residence of Henry McCul- 
loch, and await the communications of said Com- 
missioners, or the Committee of Public Safet}'^. 
J. C. Robertson, 
Chairman Committee of Public Safety. 

The Civil Commissioners to San Antonio, T. J. 
Devine and others, were also furnished with se- 
cret instructions, to be followed bj^ them should 
Gen. David E. Twiggs refuse to turn over to them 
the Government property. The following is a 
copy of said secret instructions : 

Committee-Room, Austin, February 6, 1861. 

The Committee met at nine o'clock a.m. Roll 
called ; quorum present. 

The following instructions were presented to 
the Committee, and adopted : 

To Messrs. Samuel A. Mavericlc, Thomas J. De- 
vine^ Philip iV". Luchett^ and James H. Rogers : 
Gentlemen: The resolution of the Committee 
of Public Safety, by which you were appointed, 
gives the outline of your authority and duty. 
You are sensible that the trust reposed is of the 
highest responsibilitJ^ and involves the most deli- 
cate and important duties. In the discharge of 
that trust you will be governed by the following 
instructions : 

I. You will repair immediately t,o San Antonio, 
the headquarters of Gen. Twiggs, in command of 
this department. You will ascertain from him 
his sentiments in regard to the existing state of 
affairs, and the position he intends to occupy in 



reference to the withdrawal of Texas from the 
Federal Union. If he informs you that he in- 
tends to remain in the service of the Federal Gov- 
ermcnt, and execute its orders against Texas, no 
further friendly conference with him will be de- 
sirable, and you will be governed in your con- 
duct as hereinafter instructed ; but if, on tlic 
other hand, he should express a determination 
not to remain in the service of the Federal Gov- 
ernment after the fourth of ^larch next, then 

II. You will learn from him the terms and 
conditions upon which he will render up to the 
people of Texas tlie arms and public property 
under his control in Texas, or if he should sug- 
gest to you a plan for the peaceable accomplish- 
ment of that object, you are directed to adopt and 
observe such suggestions, if deemed by you prac- 
ticable, and act in accordance with it. If, how- 
ever, he should decline suggesting any plan of ac- 
tion, you will then, 

III. Demand of him in the name and by the 
authority of the sovereign people of the State of 
Texas, a surrender of all the arms of every de- 
scription, including quartermaster, commissaries, 
ordnance and medical stores, and military stores 
of every description, and money and ever3rthing 
else under his control belonging to the Federal 
Government. 

IV. Should a display of force become necessa- 
ry in order to make the demand, you will direct 
Col. Ben. McCuUoch to call out and take the com- 
mand of such force of the volunteer and minute 
men of the State as will be necessary for that pur- 
pose, and then repeat the demand ; and, then, if 
the demand should be complied with, you will 
take charge of everything turned over to you, 
taking a complete inventory, and executing all 
necessary receipts. You will do everything in 
your power to avoid any collision with the Feder- 
al troops, and to effect the peaceable accomplish- 
ment of your mission, and for this purpose he 
shall obey your instructions. 

V. If Gen. Twiggs should indicate a desire not 
to turn over to you such military stores, arms, 
and other public jii'operty, until after the second 
of March next, but a readiness to do so then, you 
will then enter into an agreement to the effect 
that everything under his command shall remain 
in ^^ statu quo''' until that period — that no move- 
ment, change of position or concentration of the 
troops under his command will be allowed, that 
none of the arms, ordnance, commissary or mili- 
tary stores or other property shall be removed 
or disposed of If he refuses to make such ar- 
rangements, you will see that no such movement, 
change, concentration or removal, shall take place, 
and you are authorized to use every means to 
prevent the same. 

VI. If, after conferring with Gen. Twiggs, j-ou 
should be of opinion that military force is neces- 
sary^, you will immediately proceed to assemble 
the same and communicate by express to this 
Committee. Should the property be turned over 
to you, you will employ all the necessary clerks 
and other persons to take charge of the same. 
You wiU also raise a military force of volunteers 



114 



REBELLIOiSr RECORD, 1860-61. 



or minute men, to p;nard the same safely while it 
shall be controlled by you. 

You arc instructed to take the most special care 
that nothing shall be wasted or destroyed, but 
that everything be faithfully guarded and held for 
the use of the State, and to be accounted for. 

"Whatever military force that shall be raised, 
must be kept in strict subordination ; and no vio- 
lation of person or property of any person must 
under any circumstances be allowed. 

If, after your arrival at San Antonio, circum- 
stances shall occur which are not covered by the 
foregoing instructions, you will immediately re- 
port to the Committee for farther orders, unless 
they be so urgent as not to admit of delay, in 
which event you must use j^our discretion, but 
immediately report )'our course of action. 

You will take all pains to ascertain the tone 
and temper of the officers and men of the Federal 
army, and may give them the assurance of the 
influence of Texas in securing to them the same 
or higher grades in the service of the Southern 
Confederacy, as those now held by them, if they 
are inclined to accept the same. 

Take every pains to conciliate them and attach 
them in sentiment to the cause of Texas and the 
South. 

You will avoid every appearance of making a 
proposal to Gen. Twiggs, or any other officer un- 
der his command, which would wound a soldier's 
pride and honor. They should, however, be re- 
minded that they have been stationed in Texas 
for the protection, and not the subjugation of her 
people, and that patriotism is incompatible with 
waning against the liberties of their fellow-citi- 
zens. 

You are specially charged, in the performance 
of the service assigned you, that you will do 
nothing that will conflict with the powers herein 
conferred. You will from time to time make full 
and complete reports to this Committee. 

J. C. ROBEKTSOX, 
Chairman Committee of Public Safety. 

Vested with the authority contained in the 
commission and secret instructions, three of the 
Commissioners, to wit : T. J. Devine, Sam Ma- 
verick, and N. P. Luckett, on the sixth day of 
February, set out for San Antonio. On the eighth 
of February, said Commissioners forwarded by 
express to the Committee, the following commu- 
nication : 

San Antonio, February 8, 1861. 
/. C. Eolertson^ Esq., Chairman Committee of 

Public Safety : 

The undersigned, in accordance with their in- 
structions, called on Gen. i). E. Twiggs, and by 
his request met him at two o'clock this afternoon ; 
and, in presence of Major Nichols, we stated our 
mission and jiresented our credentials, (which 
Gen. Twiggs did not ask or evince the slightest 
desire to have read to him, or even to look at,) 
and carried out our interview in accordance with 
the letter and spirit of our instructions as nearly 
as practicable. 

Gen. Twiggs expressed himself strongly in fa- 



vor of Southern Rights, and caused copies of his 
letters to the AVar Department to be read to the 
Committee, in which he asserts that he will not 
be instrumental in bringing on civil war, and a 
great deal more in that line which may mean 
something or nothing, according to circumstance, 
and he very significantly asserted that we had 
not seceded. 

He expressed a willingness to keep everything 
under his control as it now is, until the second of 
March next, and would give us information if he 
should be superseded ; and, in the event of the 
State being in favor of secession, would, on de- 
mand made by the Convention, deliver all up, but 
expressed a fixed determination to march the 
troops under his command out with all their 
arm.s, transportation facilities, and extra clothing 
to be delivered to them, etc. 

The undersigned, after considerable conversa- 
tion on the subject of their mission, retired for 
consultation ; and being desirous of avoiding, if 
possible, the necessity for collecting a force around 
the city, for the purpose of compelling a deliverer, 
Mr. Maverick was deputed to obtain from the 
General a statement, in writing, of what he was 
willing to do, in the hope that it would, under 
our instructions, be admissible. He refused to 
make any statement or give any pledge in writing. 

Upon ascertaining this fact, we determined to 
send an express, without delay, to Col. Ben. 
^IcCulloch, to bring as large a force as he may 
deem necessary, and as soon as possible, to San 
Antonio. 

The substance of Gen. Twiggs's conversation or 
verbal offer was this : " That he will hold things 
as they are, and will, if in command on the second 
of March next, deliver to the Commissioners all 
the public property that is not desirable or con- 
venient for him to carry away on or after that 
time." 

He professed great admiration for the man- 
hood, soldiership and patriotism of Gen. Scott, 
and is evidently inclined to imitate him in the 
present crisis in many respects. 

He is, no doubt, a good Southern man, as far 
as hatred to Black Republicanism can make a 
man such. There is, however, a higher element 
than hatred. We do not kno.w to what extent 
that sentiment prevails with Gen. Twiggs, but 
we are of opinion that Gen. Twiggs will not per- 
mit it to interfere with what he believes to be 
due to himself. 

He spoke, during the interview, of his feeble 
health ; of his having received an offer fi'om Geor- 
gia for a command in that State, and of his having 
refused it on the grovmd of ill-health. He referred 
to the great expenditure of the army, exclusive of 
the pay of the troops — said it is more than a mil- 
lion and a half — and enquired where Texas could 
obtain means to meet that outlay, which she would 
lose by seceding. These, and other remarks on 
the question, by him, forced a somewhat unwill- 
ing conviction on the minds of the undersigned, 
that he was decidedly averse to the secession of 
Texas. He mentioned the omission of Capt. Ross 
to do full justice to Serg't Spangler, and the omis- 



DOCUMENTS. 



115 



sion of Gov. Houston to give credit to Major Van 
Dorn for his success in the Comanche fight, and 
remarked that these were indications of the tem- 
per of Texas towards the officers and men of the 
army. The conclusion we have arrived at is this : 
That we must obtain possession of that which 
now belongs to Texas of right by force, or such 
a display of force as will compel a compliance 
with our demands, and that without an hour's 
unnecessary delay. In all these movements, ce- 
lerity, secrecy and strength, should be our motto. 
If there are any men to spare on or near the 
Colorado, we think it would be well for them in 
as large numbers, and as speedily as possible, 
to move towards the city, to support, if necessa- 
ry'", Col. McCuUoch's movements. Whatever is 
to be done up north, it is well should be done 
speedily, "ifcu had better inquire of Messrs. Hall 
and Hyde, of the Legislature, the condition of 
Forts Bliss and Quitman ; as the men and muni- 
tions in those Forts could be moved, without de- 
lay, to New-Mexico — giving to the Federal Gov- 
ernment, at Washington, a large body of troops 
to hold that country against the Southern move- 
ment, and thus build up a Free State to injure 
and annoy us in the not very remote future. By 
referring to the enclosed order, you will perceive 
Gen. Twiggs is preparing for a move. We are 
decidedly of the opinion, for the reasons set forth, 
M"ith reference to New-Mexico, that it will be un- 
wise to permit a single company of United States 
troops to march from any portion of Texas into 
New-Mexico. If the officers are determined to 
carry them to aid Lincoln's Government, let them 
go by the way of the coast, or we can disband 
them, if we so decide. We repeat it, we must 
not let a single company from Fort Bliss to Fort 
Brown, leave the State by the Kansas, New-Mexi- 
co, or any other route, save the coast. 

The Captain commanding the Ordnance De- 
partment, at this point, is not friendly to our cause. 
He is said to be in possession of about forty thou- 
sand dollars, for the construction of the United 
States Arsenal. What do you suggest respect- 
ing his being compelled to deliver it up, if in his 
possession, and what course do you suggest in 
the premises ? 

We would hke to have any suggestions or in- 
structions you may consider necessary. We would 
adhere to them, if circumstances demanded it, (if 
in our power ;) if not, we will do what the emer- 
gencies of the hour demand, doing what we be- 
lieve to be our duty, and leaving the consequences 
to God. In haste, we remain yours, etc., 
Tho-mas J. Devine, 
S. A. Maverick, 

P. N. LUCKETT. 

On the ninth of February, the Committee for- 
warded, by express, the following instructions to 
Col. Ben. McCulloch, the military commander, in 
addition to those contained in the secret instruc- 
tions to the Commissioners. It was thought pru- 
dent and expedient to enlarge his sphere of ac- 
tion, since it was now evident that he was called 
into the field. 



To Col. Ben. McCnllocli : 

Sir : Having received information that the Com- 
missioners, Sam. A. ]\Iaverick, and others, sent 
to San Antonio, to confer with Gen. Twiggs, have, 
under their instructions, called you into the field, 
the Committee have resolved to confer upon you 
the military commission of Colonel of cavalry, to 
date as of the third inst., in the District embrac- 
ing a point on the Ilio Grande, half-way between 
Forts Duncan and Mcintosh, and with the fron- 
tier to Fort Chadbourne, including San Antonio 
and all intermediate posts ; and in addition to the 
instructions given to the Commissioners hereto- 
fore, (with whom you are advised freely to confer 
on all subjects of interest as far as possible,) you 
are instructed that should it be deemed advisable 
to retain any portion, or all of the Federal troops, 
in j^our District, in the temporary service of the 
State, you can do so ; and assure them that Texas 
will use her best endeavors with the Southern 
Confederacy to be formed, to have them incorpo- 
rated into the army of said Confederacy, with the 
same rank now held by them. 

In case any or all of them should express a de- 
sire to depart from the country peaceablj'', you may 
permit them so to do, upon such terms as will 
not dishonor them, and as will insure the public 
safety, and in such manner as will insure safety 
to their persons and property. The Committee 
also desire, that the Commissioners will, under 
the powers heretofore given them, furnish such 
aid and assistance, as may be deemed necessary. 

In all other matters, not contained in these or 
the previous instructions, you will observe your 
best judgment and discretion in any emergency 
which may present itself 

Any information that you may desire to give 
to the Committee, will be expressed to John C. 
Robertson, Galveston, Texas. 

John C. Robertson, 

Chairman Committee of Public Safety. 

[Attest] R. T. BrownkigCx, 

Secretary to Committee. 

On the tenth February, said Commissioners to 
San Antonio, sent the following communication 
to the Committee : 

San Astosio, Feb. 10, 1S61. 

John C. Rohertson, Chairman Committee of Pub- 
lic Safety : 

Dear Sir : We have nothing to communicate 
since our letter of the eighth, unless it be the re- 
ceipt of a communication from Col. McCulloch, 
informing the undersigned of his having received 
our communication, and that he expected to be 
at or near Seguin on the thirteenth or fourteenth, 
with whatever force he could raise. 

After despatching our communication to you, 
we determined if possible to prevent the necessity 
of resorting to a display of force around this city ; 
and with that object in view, we again communi- 
cated with General Twiggs in writing, requesting 
from him a WTitten statement of what he was 
willing to do. The answer to this was an order 
to Major Vinton, Major Macklin, and Capt. White- 
ley, to confer with the undersigned to transact 



no 



REBELLION RECORD, 1800-61. 



such business as relates to the disposition of 
public property. On the receipt of this commu- 
nication, on the morning of the ninth, we replied 
that we would meet the military commission at 
twelve o'clock that day, at such place as they 
might designate, and if that hour did not suit 
their convenience, then at such time and place as 
they might designate that afternoon. The an- 
swer expressed a desire to meet the Committee 
at Cien. 1'wiggs's, at ten o'clock a.m., on the elev- 
enth. We will to-morrow present our request in 
writing, and the answer will enable the Commit- 
tee to judge with a reasonable certainty whether 
the whole preceeding is not intended for delaj% 
until Gen. Twiggs can call in several companies 
from the outposts, and the additional reenforce- 
ments of several soldiers en route with a provi- 
sion-train from the coast for Arizona. Upon one 
point Gen. Twiggs is fixed, and apparently unal- 
terable, that is, that the troops in Texas under 
his command, shall retain all their arms, with 
the means to carry them out of the State. 

What do 3'ou think of that V Please give the views 
of the Committee on this and every other subject 
connected with our mission, as fully and speedily 
as possible. We again repeat, that it is not de- 
sirable that a single company of United States 
troops shall move to New-Mexico or x\rizona. If 
the troops of the Northern Government con- 
centrate in either of those territories, we be- 
hove, from their peculiar position, that it will fix 
their stalus as "free soil" territories, and leave 
us a nest of hornets to deal with in future. 

We will require means for the subsistence of 
the troops that may be called out by Gen. Mc- 
CuUoch, or from this city and vicinity ; we desire 
some information on this point, as j'our Commit- 
tee must be aware that the readiness with which 
the necessary expenses are met in the commence- 
ment, may have a salutary influence in many 
respects upon our cause in the future. 

If there is any action had, or information ob- 
tained respecting the northern posts, it might be 
desirable that we should be put in possession of 
such information, as it may influence our action 
materially. Very respectfully 

Tiios. J. Devixe, 
S. A. Maverick, 

P. N. LUCKETT. 

To this communication the Chairman of the 
Committee returned the following answer, which 
met with the approbation of the Committee : 

Austin, Texas, February 12, 1861. 
Thomas J. Bevine, S. A. Mavericl\ P. iV. LucTc- 

ett, Commissioners. 

Gentlemen : Your letter bearing date of the 
tenth inst, to me, has been received. In view 
of the Committee's departure this afternoon, for 
Galveston, they cannot be got together, even if it 
were necessary. The result of the action of the 
Committee on the subjects contained in this com- 
munication, I think is full, and hope will meet 
your views. The Committee do not desire to 
dishonor the army, by requiring anything of 
them which would seem to do so. If you have 



to resort to force, (actual,) and are successful, 
then we suppose, of course, they would be van- 
quished and suVmiit to your terms; but if you 
treat with them as gentlemen, as equals, of course 
we would not desire anything dishonorable to be 
yielded by them. But this is mere speculation 
on my part. The instructions, we think, will 
meet with your views ; if not, you have a large 
discretion. As to whether they should be per- 
mitted to go out into Arizona and New-Mexico, 
the Committee have very wisely left that matter 
discretionary with you. It is the opinion, how- 
ever, of some of the Committee, that it can make 
but little difference in which direction they leave 
the countrj^. 

It is suggested that they might land below the 
mouth of tlie Piio Grande, and travel up into Ari- 
zona and New-ilexico ; beside, if it k the policy 
of the United States of the North to concentrate 
a force in those territories, we could not prevent 
it by requiring these to go by way of the coast. 
It is a matter of some importance to know how 
they could subsist in those territories at this 
time. The productions of those territories could 
not subsist them a week without ruin to the R'W 
who are there. Many of the Committee do not 
think Gen. Twiggs so recklessly regardless of his 
native South, as to inaugurate a guen-illa warfare 
ujion her border. But, gentlemen, you arc in the 
midst of the circumstances, and can best judge 
of what to do. Relying upon your wisdom and 
prudence, we leave it with you. 

We will start to-day for Galveston, where we 
hope to get some money, and if successful, we will 
j^romptly express a part to jou. 

In behalf of the Committee I assure you of our 
sincere desire for j^our success in j'our patriotic 
enterprise, and of our personal regard for each of 
you. 

I have the honor to remain j^our obedient serv- 
ant, John C. Robertson, 

Chairman Committee of Public Safet}-. 

The Committee remained in painful suspense, 
and looked with no ordinaiy anxiety for the next 
news from said Commissioners and from Colonel 
McCulloch, believing, as they did, that a conflict 
was inevitable. The Committee felt many gloomy 
forebodings ; not that they doubted the result of 
the conflict, for they had every confidence in the 
gallantry and chivalry of the Texas volunteers, 
and in the military skill, prudence and bravery 
of the officer in command. The Committee like- 
wise drew great consolation from their reliance 
upon the prudence and v'isdom of the Commis- 
sioners. The Committee were happily relieved 
by the following communication from the Com- 
missioners, which is submitted with the accom- 
panying documents. 

San Antonio, February 18, 1862. 

iro7i. J. C. Roltertson, Chairman of Committee 

of PitUic Safety : 

Sir : We have at last completed the principal 
part of the business confided to our management. 

In our communication of the eighth inst, we in- 
formed you that we had calledintheaidof the vol- 



DOCUMENTS. 



117 



untccr force under Col. Ben McCulloch ; he arriv- 
ed on the Salado, five miles from this city, on the 
evening or night of the sixteenth inst., with aliout 
five hundred men, and marched into town about 
four o'clock P.M., with about one half of his force, 
when he was joined by about one hundred and 
fifty K. (jr. Cs., and about the same number of citi- 
zens who were not members of the order, and 
about the same number from the Medina, Atas- 
cosa, and the country west of this city. At five 
o'clock the men were in positions around the Ar- 
senal, the Ordnance, the Alamo, and the quarters 
in the Commissary buildings occupied by one 
company of the Federal troops, and at the same 
time, the tops of the buildings commanding the 
Arsenal and ordnance ground were occupied. 

We, in accordance with our instructions, repeat- 
ed the demand, and after a considerable delay, 
came to an arrangement witli Gen. Twiggs, the 
substance of which was, that the United States 
troops in San Antonio — one hundred and sixty in 
number — should surrender up the position held 
by them, and that all public property under the 
command of the officer in San Antonio to be de- 
livered over to the undersigned — the troops to 
retain their side-arms, camp and garrison equi- 
page, and the facilities for transportation to the 
coast, to be delivered on their arrival at the coast. 

This morning w^e effected an arrangement with 
Gen. Twiggs, by which it is agreed that all forts 
in Texas shall forthwith be delivered up, the 
troops to march from Texas by way of the coast, 
the cavalry and inf\intry to retain their arms, the 
artillery companies being allowed to retain two 
batteries of light artillery of four guns each, the 
necessary means of transportation and subsist- 
ence to be allowed the troops on their march to- 
wards the coast ; all the public property to be de- 
livered up. We might, possibly, have retained 
the guns at Fort Duncan by a display of force, 
Avhich display of force would have cost the State 
eight times the value of the batteries of light ar- 
tillery. Your instructions, however, counselled 
avoiding collision with the Federal troops, if it 
could be avoided. General Twiggs having re- 
peatedly asserted, in the presence of the military 
commission and ourselves, that he would die be- 
fore he would permit his men to be disgraced by 
a surrender of their arms ; that the men under 
his command had never been dishonored or dis- 
graced, and they never should if he could help it. 

By this arrangement, at least thirteen hun- 
dred thousand of property will belong to the 
State, the greater portion of which would be 
otherwise destroyed or squandered. By this ar- 
rangement we are freed, without bloodshed or 
trouble, from the presence of the Federal troops ; 
they cannot go to New-Mexico or Kansas, to fix 
free-soilism on the one, or to be the nucleus of a 
Northern army on the other, to menace our fi'on- 
tier in the future. 

The labor performed by the undersigned in the 
business undertaken by them, has been neither 
light nor pleasant ; we have adhered to the letter 
and the spirit of our instructions, and exercised our 



discretion only when it became absolutely neces- 
sary. We had some anxious hours resting upon 
us from the time the volunteer force commenced 
closing around the city until after the surrender 
of the posts held by the United States troops. 
Our force must have been, at eight o'clock a.m., 
not less than one thousand one hundred men un- 
der arms, and a more respectable looking or or- 
derly body of men than the volunteer force, it 
would not be easy to find. We have taken meas- 
ures to secure the public propertj^ and have au- 
thorized Major Sackfield Macklin, Paymaster 
U. S. A., and who, as you will perceive by the army 
list, stands high upon the same, to act as Adjutant 
and Inspector-General and Chief of Ordnance, 
combining the business of three departments in 
one. This economises expense, and gives the 
State, for the present, the services of a man com- 
petent to the duties assigned him, capable of pre- 
venting the confusion and consequent loss that 
would fall upon the State by the appointment of 
an incompetent person. Major Macklin is a true 
Southern man, he resigns his commission in the 
Federal army, giving up an income from that Gov- 
ernment of nearly four thousand dollars per an- 
num. We address him as colonel, for the pur- 
pose of giving him an honorable stand in his ex- 
pectations or claims upon the Southern Confeder- 
acy, in some future military appointment. Ilis 
appointment by the undersigned lasts until set 
aside by you or the Convention's order. Please let 
us know whether you approve of this action. Capt. 
Reynolds has been acting as Asst.-Quartermaster, 
at San Antonio ; he will resign his commission as 
captain in the United States army. We have, for 
the same reasons set forth in Major Macklin's 
case, appointed him Chief Quartermaster, and 
have combined with the former duties the labor 
of the commissar}^ department, which has hereto- 
fore had a first and second assistant commissar^^ 
We have likewise consolidated with his duties, the 
office of military store-keeper, narrowing down 
the expense as much as possible. A building, 
rented by the United States Government as a 
commissary department, soldiers' quarters, gen- 
eral staff, etc., we have determined to release the. 
State from any liability for, as the commissary 
stores can be stored in the Alamo buildings : said 
buildings rent for six thousand dollars a year. In 
furnishing the United States troops transporta- 
tion facilities, the officers representing the State 
will be busily emploj'ed for some time. When 
we can obtain a breathing spell, we will go further 
into details, we will select agents to give receipts 
and hold the public property left at the posts, 
until otherwise directed. 

We remain, respectfully, etc., 

Thomas J. Devine, 
S. A. Maverick. 

P. N. LUCKETT, 
Commissioners on behalf of the Committee 
of Public Safety. 

The following report from Col. Ben McCulloch 
is herewith also submitted : 



lis 



REBELLION RECORD, 1860-61. 



HEVDQrARTEns Middle Division State Forces, | 
Sax Axtomo, Texas, ) 

ffon. J. C. lioliertson, Chainnan of Committee 
ofPullie Safety : 

Sir: On the receipt of the order of the Com- 
missioners, calling on me to raise men for the 
purpose of securing the property, arms, etc., of 
the United States, at San Antonio, immediately I 
proceeded to take steps to collect such a force as 
would be sufBcient to accomplish the purpose. 
To Texans, a moment's notice is sufflcient, when 
their State demands their services. 

On the night of the fifteenth inst., by twelve 
o'clock, a force of near four hundred men, from 
the adjacent counties, had assembled on the 
Rio Saiado. At three o'clock a.m., sixteenth, we 
took up the line of march for the city. At four 
o'clock, when near the suburbs, ninety men were 
ordered to dismount and enter the city on foot, 
when I posted them in such positions as com- 
manded those occupied by the Federal troops; 
the main body came in on horseback; at day- 
light, several volunteer companies of San An- 
tonio turned out promptly, and cooperated with 
us to aid the State. Orders were given to the 
troops under my command, not to fire until fired 
upon. In a very short time it was ascertained 
tliat no resistance would be offered. The Federal 
troops were requested to keep within their quar- 
ters until the Commissioners should agree upon 
the terms liy which the arms and other propert}' 
of the Federal Government should be surrendered 
to the State. 

This was decided by the Commissioners and 
Gen. Twiggs, before twelve m. : wherefore I in- 
stantly informed the forces under my command 
of the fact, and of there being no necessity for 
their remaining away fi-om their ploughs and 
other peaceful avocations. They left immediately 
for their homes, conscious of having rendered ser- 
vice to their State, and giving oftence to no one 
save her enemies. 

To make distinctions, where all acted so nobly, 
would be as unwise as unjust ; b^it I cannot re- 
frain from expressing my thanks to all for their 
gallant and prompt response to the call of their 
State, and my admiration for their orderly con- 
duct whilst we held the city. 

Having performed the duty assigned me by the 
enclosed order, I now report myself ready to 
perform such service as shall be assigned me by 
your Committee or the Commissioners appointed 
"by you. The Commissioners having verj^ kindly 
relieved me of many duties common to officers 
conmianding ; it being my duty only to organize 
and command such forces as may be necessary 
to secure and guard the public property in my 
division, in charge of persons appointed by the 
Commissioners to receive the same from the Fede- 
ral officers. 

I have this day appointed ^Y. T. iMeckling, 
my Assistant- Adjutant General, with the rank of 
captain. I am, sir, very respectfully, 
Your obedient servant, 

Bkx MoCulloch, 
Coloael Commaudlng. 



Headqcartkrs Department of Texas, ) 
San Antonio, February 18, 1S61. J 

General Orders No. 5. 

The State of Texas having demanded through 
its Commissioners, the delivery of military posts 
and public property within the limits of this com- 
mand ; and the Commanding General desn-ing to 
avoid even the possibility of a collision between 
the Federal and State troops ; the posts will be 
evacuated bj' their garrisons, and these will take 
up, as soon as the necessary preparations can be 
made, their fine of march out of Texas by way 
of the coast — marching out with their arms, (the 
light batteries with their guns,) clothing, camp 
and garrison equipage, quartermaster's stores, 
subsistence, medical hospital stores, and such 
means of transportation of every kind, as may 
be necessary for an efficient and orderly move- 
ment of the troops, prepared for attack or defence 
against aggressions from any source. The troops 
will carry with them provisions as far as the 
coast. 

By order of Brevet ^lajor-Gen. Twiggs. 
U. A. Nichols, 

Assistant Adjutant-General. 
San Antonio, February IS, 1861. 

The undersigned. Commissioners on the part 
of the State of Texas, fully empowered to exer- 
cise the authority undertaken by them, have 
formally and solemnly agreed with Brevet Major- 
Gen. David E. Twiggs, United States Army, com- 
manding the Department of Texas, that the troops 
of the United States shall leave the soil of the 
State by the way of the coast ; that they shall 
take with them the arms of the respective corps, 
including the battery of light artillery at Fort 
Duncan, and the battery of the same character 
at Fort Brown ; and shall be allowed the neces- 
sary means for regular and comfortable move 
ment, provisions, tents, etc., etc., and transporta- 
tion. 

It is the desire of the Commission, that there 
be no infraction of this agreement on the part of 
the people of the State. It is their wish on the 
contrary, that every fticility shall be afforded the 
troops. They are our friends. Tiicy have here- 
tofore afforded to our people all the protection in 
their power, and we owe them every considera- 
tion. 

The public property at various posts, other 
than that above recited for the use of the troops, 
will be turned over to agents to be appointed by 
the Commissioners, who will give due an<l proper 
receipts for the whole, to the oificers of the army, 
wliom they i-elieve from the custody of the public 
property. 

Thomas J. Devine, 

P. N. LUCKETT, 

S. A. Maverick, 

Commisslonera on behalf of the Committee 
of Public Safety. 

Your Committee herewith submit to the Con- 
vention, a full and complete report of the Com- 
missioners to San Antonio, in regard to tho 
subject of their mission. 



DOCUMENTS. 



119 



San Antoxio, March 2, 1S61. 

To John C. Rohertson, Chairman of Commit- 
tee of Public Safety : 

SiK : The undersigned, Commissioners appoint- 
ed by the Committee of Public Safety, to visit 
San Antonio, and confer with Brevet Major-Gen. 
David E. Twiggs, United States Army command- 
ing Department of Texas, on the subject of the 
public property in the State under his control, 
and to command the delivery of the same, should 
it be deemed necessary, submit the following as 
a report of their proceedings and a statement of 
subjects connected therewith. 

Having arrived in San Antonio, the Commis- 
sioners, on the evening of the seventh ult, cona- 
municated with Gen. Twiggs, when it was ar- 
ranged that the next day should be the time for 
a formal interview with him, respecting the sub- 
ject entrusted to their care. Upon calling on 
him, the subject of the visit and extent of the 
powers conferred upon the Commissioners were 
stated, and the present condition and future 
prospects of the State were set forth as reasons 
why the Federal property should be j^ielded up, 
and the Federal troops removed bej'ond the limits 
of the State. In answer to these views and de- 
mand, that officer stated that " Texas was not 
out of the Union, and would not be before the 
second day of March, that for his part he would 
obey the orders of his government, but would not 
draw his sword against the people of Texas, 
and referred his ' order book ' for proof of his 
having so declared in his communications to the 
War Department." In reply to a question re- 
specting his removal from Texas, he admitted 
that he might be supei'seded, and would only say 
that, "all should remain as it was until after the 
second of March, when if Texas seceded he 
would then deliver up to the regularly constituted 
authorit)^ of Texas, all the public property under 
his control, other than that required for the use 
of the troops on their march to New-Mexico." 
The credentials of the Commissioners were pre- 
sented and their contents stated, but no intima- 
tion b}^ word or gesture was given that he de- 
sired either to inspect or hear them read. The 
interview was prolonged for some time, but noth- 
ing more tangible was elicited, save his expressed 
determination to carry the troops to New-Mexico, 
and his resolve to lose his life sooner than permit 
them while under his command to be deprived 
of the arms pertaining to their respective corps. 
After the termination of the interview, the Com- 
missioners upon consultation, deputed one of 
their number to call on Gen. Twiggs, and re- 
quest from him a written statement of what he 
would be willing to perform on or after the 
second of March. He declined giving a wi'itten 
statement, but informed the Commissioner that 
a military commission would be selected to con- 
fer with the Commissioners, on the subject of the 
disposition of public property. Believing that 
Gen. Twiggs would neither do nor consent to 
anything being done that might possibly place 
him in a false, or an apparently false position, 
either before the Govemmient whose interests he 



represented, or before any portion of the American 
people, and being satisfied that the complications 
likely to ensue from the command of the depart- 
ment passing into other hands, or by reason of 
orders from Washington, being also of opinion 
that the labors of the undersigned and the Mili- 
tary Commission would result in nothing but 
delay, and that the best interests of Texas de- 
manded that the troops, amounting to nearly 
three thousand, should not be permitted to march 
into New-Mexico, to hold and settle the condi- 
tion of that territory as a free-soil region, or into 
Kansas to form the nucleus of an army to harass 
and waste our frontier, in the event of coercion 
being attempted by the Northern Government, 
and that over five hundred thousand dollars 
worth of transportation facilities, as likewise the 
cavalry horses, would be lost to the State, by 
permitting the Federal troops to pass into either 
New-Mexico, Kansas or the Indian Territory — it 
was determined that prompt and vigorous action 
was necessary. In view of this consideration, 
and in accordance with previous instructions, an 
express was despatched that evening to Seguin, 
calling on Col. Ben. McCuUoch, to assemble as 
large a force ^f the volunteers and minute men 
of the State as could be immediately collected, 
and without delay to hasten to San Antonio. 
The next day a communication was received 
from Gen. Twiggs, informing the Commissioners 
that Major Vinton, Chief-Quartermaster, Major 
Macklin, Paymaster, and Captain Whiteley, Chief 
of Ordnance, were appointed to act as a Military 
Commission, to meet the undersigned respecting 
the disposition of the Federal property. A con- 
ference was had on this subject, which resulted 
only in expressions on the part of Major Vinton 
and Captain Whiteley, that it was proper and 
necessary that the troops should leave Texas by 
the Kansas route, that a considerable time would 
be necessarily consumed in arranging the heads 
of the various subjects to be discussed, and much 
time required to examine the different points 
raised. This conference terminated M^ithout any 
advance being made towards an agreement for 
the delivery of the Government propert}^ or the 
departure of the troops from Texas, and resulted 
in nothing save an increased belief on the part 
of the undersigned, that delay was the object in 
view sought to be obtained by Gen. Twiggs, in 
appointing the Military Commission, and the end 
for which two of that body (Major Vinton and 
Capt. Whiteley) were acting. Two other inter- 
views were had in which the same purpose was 
apparent, and at the last interview held. Major 
Vinton, in reply to a question by the Commis- 
sioners, as to when an answer would be given to 
their last communication, stated that, "a reply 
would be given some time between that day and 
the second of March." This closed the inter- 
views, and a second express was sent to Col. 
McCuUoch, with suggestions respecting his move- 
ments. 

On the morning of the sixteenth, that officer 
entered San Antonio, with his command, and be- 
ing joined by the city companies, and about one 



120 



REBELLION RECORD, 18fiO-61. 



hundred citizens of San Antonio, and those from 
the Medina and Atascosa — the Alamo, Commis- 
sary and Arsenal buildings were surrounded and 
connnandinj; positions secured before daylight on 
the roofs of the adjoining buildings. At six o'clock 
A. SI., a demand, in writing, in accordance with their 
instructions, was again made on Gen. Twiggs, for 
the surrender of all public property and posts, 
and the interview between that ofticer and the 
undersigned, resulted in the surrender of the 
posts held by the Federal troops, and the deliv- 
ery of all puljlic property in San Antonio to the 
Commissioners. The United States troops were 
permitted to retain their clothing, etc., etc., and 
marched out that evening to encamp at the San 
Pedro Springs, about one mile from the city, 
there to remain until transportation was furnished 
to convey them to the coast. 

The property and posts in the city are held 
and guarded by seventy citizen soldiers. Nego- 
tiations were continued during the seventeenth, 
and on the evening of the eighteenth were termi- 
nated, by Gen. Twiggs agreeing that all posts 
held by the Federal troops, should be yielded to 
the Commissioners, as likewise aJi public pro- 
perty under his control ; that the troops should 
retain the arms belonging to the respective corps, 
which included two katteries of light artillery, 
the clothing of the men, the necessary stores, 
etc., etc., for an orderly movement to the coast; 
the transportation f\icilities, on reaching the coast, 
to be delivered up to the agents authorized to re- 
ceive them. 

The arrangements entered into between the 
Commissioners and the General Commanding the 
Federal Troops in Texas, it is believed, are tlie 
best (so far as regards the safety of the State, 
its honor, and pecuniary interest) that could be 
made. At the same time, no humiliating condi- 
tions or unnecessary restrictions have been im- 
posed on the officers of the late United States 
Government. The departure of the troops, by 
way of the coast, was viewed from the beginning, 
by the Commissioners, as a measure of precau- 
tion, coupled with a question of property — -both 
ends having been attained. The permitting of 
two batteries of light artillery to leave the State, 
has been a subject of complaint on the part of 
some of our people. Those persons, however, do 
not consider or ignore the fact that these bat- 
teries V)elong to, and constitute as completely the 
arms of an artillery corps, as do the muskets of 
the infantry, or sabre, or carbine of the cavalry ; 
that with Texas it was a mere question of prop- 
erty not exceeding eight thousand dollars in 
value; with Gen. Twiggs, his officers and men, 
it was a question of honor — a principle dear to 
the humblest as to the highest soldier in the 
army ; that Gen. Twiggs had repeatedly declared 
that he would sacrifice his life sooner than see 
his men dishonored or disgraced by being de- 
prived of their arms. It is true the eight guns 
could have been secured, but at a cost to the 
State of more than twenty times their value, in 
the payment and subsistence of the volunteer 
force necessary for that pui-pose, to which might 



be added the probabilities of a collision with its 
attendant loss of life,- and the grave consequences 
necessarily resulting therefrom. In addition to 
this, may be stated the loss to Texas of all the 
mule teams, cavalry horses, etc., at the upper 
posts of Bliss, Quitman, Davis, Stockton, Lan- 
caster, Hudson, and Fort Clarke, which would 
have been carried with the troops at these posts 
into New-ilexico, with the humiliation of a dis- 
tinguished and honored soldier, and the officers 
and men under his command. 

For the correspondence between the under- 
signed. Gen. Twiggs, Col. McCulloch, and the ^lil- 
itary Commission, see documents numbered from 
one to sixteen inclusive. 

In estimating the value of the property secured 
to the State, no exact statement can be made of 
the amount remaining at the different posts, un- 
til inventories are received from the agents des- 
patched to those points. The entire value se- 
cured to the State, may be estimated, at a fair val- 
uation, as being worth not less than $1,000,000. 
It consists as follows : 

At the San Antonio Depot, cost of 
Arsenal grounds, buildings, and 
material of every kind on the 
ground, 51,500 00 

Ordnance stores, including arms, 
powder and ammunition, of ev- 
ery kind, 282,132 2(j 

Brass guns, howitzers, etc., etc., 

at different posts in Texas, . 24,035 00 

Quartermaster's stores, . . . 178,000 00 

Commissary stores, 19,702 87 

Medical and hospital stores, . . 30,175 00 

Soldiers' clothing, camp and garri- 
son equipage, 194:,9!)7 26 

Total amount of property at San 
Antonio, including cannon at dif- 
ferent posts valued at $24,035, 781,808 39 

It is estimated that the mules, cav- 
alry horses, transportation facil- 
ities, camels, provisions, and 
other property at the various 
posts, exclusive of buildings, will 
amount, at first cost, to not less 
than 700,000 00 

Making, in all, available to the State 
for purposes connected with the 
defence of the frontier, and for 
other uses, should the same be- 
come necessary. 

Total, " $1,481,808 30 

The cost of jilacing the above property at its 
various locations, has cost the Federal Govern- 
ment not less than $100,000. 

Surplus of funds seized in San Antonio, esti- 
mated at $23,472. 

For lists of the above property, see exhibits 
marked A, B, C, 1>, E, F, G, II, I,' J, and K. 

For lists of person retained, for the present, in 
the public employment, in connection with the 
Quartermaster's and Commissary Department, see' 
rei)ort of agent, marked E.xhibit L. 

The successor of Gen. Twiggs, Col. C. A. Waite, 



DOCUMENTS. 



121 



arrived in this city a few hours after the negotia- 
tions with Gen. Twiggs had been closed. Since 
that time, the undersigned have been actively en- 
gaged in settling questions connected with the 
movements of the troops towards the coast, and 
arranging the necessary means for their transpor- 
tation. 

Competent persons have been selected to pro- 
ceed to, and take charge of, the property at the 
posts about being abandoned by the Federal 
troops. Bonds, with sufficient securities, have 
been required and given, for the foithful execu- 
tion of the duties entrusted to the agents. Small 
detachments of men, lor the protection of the 
buildings and public property at each post, have 
been despatched under the orders of Col. McCul- 
loch. The detachments sent to the diiferent 
posts, vary in number fi'om ten to twenty-five. 
The}' will remain at the points designated until 
further action is had by the Convention, or Legis- 
lature of the State. On this subject, see docu- 
ment number twentj'-five. 

On the morning of the twenty-fifth ultimo, in- 
formation having been received that Capt. King, 
" U. S. A.," encamped with his company near 
this city, had enlisted a soldier to serve in the 
army of the late United States Government, a 
note was despatched to Col. Waite, demanding 
the immediate discharge of the enlisted man, and 
requesting that no further enlistments should be 
permitted by him in Texas. For his reply, an- 
nouncing the discharge of the soldier, and stating 
that nothing of the kind would be permitted b}^ 
him, see documents numbers 17 and 18. 

In the performance of the duties confided to 
the undersigned, in reference to obtaining all pub- 
lic moneys or funds, the most determined unwill- 
ingness to give any information has been dis- 
played by the disbursing officers in this city, with 
the exception of Major Macklin, Paymaster ; Capt. 
Eeynolds, Assistant Quartermaster, and Capt. W. 
B. Blair, Chief of Commissary Department. 

On the evening after the surrender of the prop- 
erty and posts in San Antonio, the safe of Capt. 
Reynolds, in his office at the Alamo, was taken 
possession of. The amount of public funds con- 
tained therein is between nine and ten thousand 
dollars. Tliis amount is more than covered by 
the debts previously contracted with and due 
citizens. 

With a view of securing to the people of Texas 
the sums due them, and to prevent the money 
from being carried out of the State, as also with 
the intention of securing any surplus funds, and 
for the purpose of ascertaining the debts due our 
citizens, with the desire of having some reliable 
data upon which the State might act with ref- 
erence to the honest or fradulent claims that will, 
in all probability, be brought against her, as the 
recipient of the Federal property in Texas, the 
Commissioners repeatedly requested a statement 
from the disbursing officers, of the funds and 
credits belonging to their departments, with a list 
of the debts contracted by them in the State. On 
the twenty-second of February, 18G1, the request 
was again made, and the questions set forth in 



the document numbered twenty, were presented, 
and answers required. Capt. Blair, Commissary, 
and Major Macklin, Paymaster, have answered. 
By the answer of Capt. Blair, it will be seen that 
the debts exceed the funds and credits of his de- 
partment. From the statement of Major Mack- 
lin, it appears that the sum of twenty -three thou- 
sand four hundred and seventy-two dollars will 
remain after all claims against his department have 
been liquidated. This money is supposed to bo 
en route from New -Orleans to this city, and 
measures have been taken by the undersigned to 
seize and secure it. Upon receiving the answers of 
Capt. Blair and Major jMacklin, the guard placed 
upon their offices were inunediately withdrawn. 
See answers of Capt. Blair and Major ]\Iacklin, 
marked numbers twent3'-seven and twentj'-eight. 
Major Vinton, Chief Quartermaster, ilajor ^Ic- 
Clure, Paymaster, and Capt. Whiteley, Chief of 
Ordnance, having refused to answer, or give any 
information on the subject, the guards placed 
upon their offices on the twenty-seventh ult, 
still remain. It is proper to state, that Major 
Macklin and Capt. Blair were willing, from the be- 
ginning of the enquiry, to make a statement, and 
that guards were placed at their offices more for 
the purpose of preventing invidious remarks, than 
from any other cause. For further information 
respecting the demands for public funds, see docu- 
ments numbered from 2 to 28 inclusive. 

In a previous communication, you were in- 
formed that Major Macklin had been appointed to 
take charge of the Ordnance Department, and to 
act as Adjutant and Inspector General, until fur- 
ther action by your body or the Convention. He 
has resigned his position in the United States Ar- 
my, and has entered upon the duties assigned 
him. You were also informed that Capt. Key- 
nolds had been appointed to control the Quarter-, 
master's Department, etc. He has tendered his 
resignation, and is awaiting the action of the au- 
thorities at Washington. Messrs. Maverick and 
Luckett are at present, assisted by competent 
agents, performing the duties connected with the 
Quartermaster's Department. 

The two companies of United States troops, 
formerly stationed in this city, passed through 
on their march to the coast this morning. 

The expenses connected with the action of the 
Commissioners have been paid, or, to some ex- 
tent, assumed by them, while the outlay caused 
b}'' the transportation of the United States troops 
to the coast, will be paid by their officers. The 
expenses incident to the protection and manage- 
ment of the property now belonging to Texas 
must be paid by her. An estimate of the liabili- 
ties which have accrued, will be presented for 
your consideration. All needless expenses have 
been cut off, both as regards the rent of buildings 
and the employment of men. A still greater re- 
duction will be made in a few days. 
All of which is respectfully submitted. 

Thomas J. Devixe, 
P. N. Luckett, 
S. A. Mavekick, 
Commissioners on behalf of Com. of Public Safety. 



122 



REBELLION RECORD, 1860-61. 



Austin, March 6, 1861. 

To Hon. John C. liohcrtson, Chairman Com- 
mittee of PuhVtc Sdfcti/: 

As a supplement to the preceding report, the 
undersigned would state that, having received in- 
formation three days before the arrival of the 
force under Col. McCuUoch, at San Antonio, that 
four wagons with arms and fixed ammunition 
had been despatched — two via Indianola for Fort 
Brown, and two for Fort Mason — a force was im- 
mediately sent in pursuit ; the teams on the In- 
dianola road were overtaken about forty miles, 
and those destined for Fort ]\Iason about sixty 
miles from San Antonio, the wagons were lirought 
to that city and their contents deposited in the 
Ordnance Department. 

Having received information on the evening of 
the second inst., that depredations were being 
committed on public property at Camp Verde, by 
some of the soldiers of Company A, First Infan- 
try, United States Army, a note was immediately 
forwarded to Col. Waite, informing him of the 
fact, and that such depredation was considered a 
violation of the stipulations entered into between 
Gen. Twiggs and the undersigned, and that the 
officers and men belonging to any company, com- 
mitting any depredations in the future, would be 
held personally liable, and requested Col. Waite 
to remove the troops from that post without de- 
lay. Capt. Frank Hubert's company of AVash- 
ington County volunteers, numbering twenty-five 
men, under the command of Lieut, llaynes, then 
in San Antonio, were directed to march next 
morning at daylight for Camp Verde, and there 
remain for the protection of the public property 
and buildings until further orders. 

The public funds, alluded to in the preceding 
report, as being en route from the coast to San 
Antonio, were seized by a portion of Capt. Edgar's 
Company of Alamo Guards, acting under the or- 
ders of the Commissioners, on the morning of the 
fourth inst., and are now in the Alamo buildings 
under guard, subject to the action of the Conven- 
tion. See report of Commissioners, Exhibit "VY. 

In conclusion, it may be proper to add, that in 
view of the uncertainties connected with the at- 
tempt to force the Genei-al commanding the Fed- 
eral troops in Texas into a surrender of the posi- 
tions held by the troops under his command, and 
a delivery of the puljlic property under his con- 
trol in Texas, without bloodshed — the conse- 
quences resulting from which no man could fore- 
see — the city authorities deemed it proper and 
necessary to close all places of public resort in 
the city of San Antonio, upon the arrival of the 
troops imdcr the command of Col. McCulloch, 
and (luring the time the troops raised in the city, 
as well as those from other counties, remained 
under arms. 

In connection with this subject, it may be add- 
ed, that a more orderly body of men, under simi- 
lar circumstances, never appeared under arms ; 
their conduct throughout was of a character well 
calculated to reflect the greatest credit upon them- 
selves and the cause, to uphold which, they had 



left their homes and appeared in arms. — All of 
which is respectfully submitted. T. J. Devine, 

On behalf of the Commissioners. 

It will thus be seen that all the United States 
troops, stationed on the Indian frontier, and the 
fi'ontier bordering on Mexico, along the Rio 
Grande, have been removed, and ai-e on the line 
of march to the Gulf coast. The moral of their 
presence to prevent Indian depredations having 
been destroyed, it is thought that the frontier is 
in most imminent danger, and they have evidence 
of very recent murders in that region. 

The Committee believe that the people along 
the whole line of the frontier are true and loj'al 
to the cause of the South, and look with intense 
anxiety for the Convention to furnish them with 
inunediate and prompt protection. Encouraged 
and aided by the enemies of Texas, the Indians 
will, unless timely assistance be furnished, com- 
mit the most horrid depredations. With the view 
of rendering to the frontier this protection, and 
that it may be accomplished speedily and effi- 
ciently, as well also to show to the Government 
of the Confederate States, of which we hope soon 
to become a member, that we are not unmindful 
of what is due to our people; and as an indication 
to that government of what is expected for our 
defence, and particularly to save the lives of our / 
women and children in that region, the Com- 
mittee instruct me to report an Ordinance for the 
raising of volunteer forces, Avhich they hope the 
Convention will find it expedient to adopt. 

I have the honor to remain, very respectful^, 
JoHx C. Robertson, 

Chairman Committee of Public Safety, j 

Correspondence between the Commissioners to San 
Antonio., Gen. Twiggs and the Military Com- 
mission : 

San Antonio, February 8, 1S61. 
Dear Sir: In reference to the interview which 
the undersigned had with you this morning, in 
the presence of Major Nichols, in regard to the 
public property and j'our disposition to keep the 
same in its present position until March second, 
proximo, the undersigned beg you will be so kind 
as to give them, in writing, such statements as you 
may deem material and proper on that subject. 
With high consideration, 

Your obedient servants, 

Thomas J. Devine, 
Samuel A. Maverick, 

P. N. LUCKETT, 
Commissioners on behalf of the Convention of the 
People of Te.xas. 

To Major-Gen. D. E. Twir.os, 

Commanding Department of Texas. 

IlEADQrARTERS DkPARTMENT OF TEXAS, ) 

San Antonio, February 9, 18(31 ( 

To Messrs. Thomas J. iJecine. Samuel A. Mav- 
erick., and P. J^. Luckett, Commissioners on 
iehalf of the Convention of the People of 
Texas., San Antonio., Texas: 
Gentlemen : I am directed by the Command- 
ing General of the Department, to acknowledge 
the receipt of your communication of the eighth 
inst., and to inform you, in reply, that he has 
this day appointed a military commission to meet 



DOCUMENTS. 



123 



¥ 



the Commissioners on behalf of the Convention of 
the people of Texas, to transact the necessary 
business respecting the disposition of the Federal 
property. 

I am, gentlemen, very respectfully, 
/ Your obedient servant, 

Wy ^BS A. Nichols, 

' Assistant Adjutant-General. 

Headquarters Department of Texas, ) 
San Antonio, Februai-y 9, 1S61. ) 

Special Orders, No. 20. 

A Military Commission, to consist of Major 
David H. Vinton, Quartermaster, Major Sackfield 
Macklin, Paymaster, and Captain Robert H. K. 
Whiteley, Ordnance Department, is hereby ap- 
pointed to meet the Commissioners on behalf of 
the Convention of the People of Texas, Messrs. 
Thomas J. Devine, Sanuiel A. Maverick, and P. 
N. Luckett, at such times and places as may be 
agreed upon, to transact such business as relates 
to the disposition of the public property, upon the 
demands of the State of Texas. B}^ order of 
Brevet Major-Gen. Twiggs. 
^fii-A. Nichols, 

Assistant Adjutant-General. 

San Antonio, February 9, 1S61. 
Gentlemen : We have the honor to acknow- 
ledge the receipt of your communication of this 
date, in which you appoint twelve o'clock to-day, 
or any hour this afternoon, for meeting you to 
consider the business connected with our several 
commissions. We regret that we have not been 
able to conform to j'our appointment. The want 
of instructions from Major-Gen. Twiggs, delayed 
by untoward circumstances, will prevent our meet- 
ing you to-day ; but we will, if it suits your con- 
venience, have the honor to receive j'^ou at Gen. 
Twiggs's office, on Monday, at nine o'clock a.m., 
to enter upon the business you may then lay be- 
fore us. 

We are, gentlemen, most respectfully, 
Your obedient servants, 
D. H. Vinton, 

Major and Quartermaster. 
Sackfield Macklin, 

Paymaster U. S. Ai-ray. 

R. H. K. Whiteley, 

Captain of Ordnance. 

To Messrs. T. J. Devine, Samuel A. Maverick, 

P. N. Luckett, 
Commissioners on behalf of the People of the State of Texas, 
San Antonio, Te.\as. 

San Antonio, February 11, 1S61. 

To 3£ajo7' D. H. Vinton, SacJc/ieM MacJcUn, 
Capt. JR.. K. Whiteley, Military Commission : 
Gentlemen : The undersigned, by virtue of the 
powers vested in them, do now demand of you, 
in the name and by the authority of the sovereign 
people of the State of Texas, in Convention as- 
sembled, as they have heretofore demanded of 
Brevet Major-Gen. Twiggs, Commanding in the 
Department of Texas, a delivery of all the arms 
of every description, military stores, including 
quartermaster's, commissary and medical stores, 
and public moneys, and everything else under the 



control of the General in command, belonging to 
the Federal Government. 

If an affirmative answer is not given to this de- 
mand, the following questions are submitted for 
your consideration, and answers to the same are 
respectfully required : 

Do you consent and agree to the following stipu- 
lations ? 

1st. That everything under the control of tlie 
Commanding General in the Department of Texas 
shall remain in statu quo, until the second day 
of March next '? 

2d. That no movement, change of position, or 
concentration of the troops shall take place ? 

3d. That none of the arms, ordnance, military 
stores, or other property, shall be disposed of be- 
fore that time — ordinary consumption excepted? 
4th. That upon the second of March, the pub- 
lic property in Texas shall, without delay, be de- 
livered up to the undersigned or such other Com- 
missioners who may be authorised to act on be- 
half of the Convention ? 

An answer is respectfully required. 
We remain, gentlemen, very respectfully. 
Your obedient servants, 

Thomas J. Devine, 
S. A. Maveuick, 
P. N. Luckett, 
Commissioners on behalf of the Convention. 

San Antonio, February 12, 18G1. 

To Messrs. Thomas J. Devine, S. A. MavericJc, 
P. N. Luclcett, Commissioners on iehalf of the 
Convention of the People of Texas : 
Gentlemen : We, the Military Commission, ap- 
pointed by Major-General Twiggs, have had the 
honor to receive your communication of the elev- 
enth inst, while in convention, demanding of us, 
" in the name and by the authority of the sov- 
ereign people of Texas, in Convention assembled," 
a delivery of "all arms of every description, mi- 
litary stores, including quartermaster's, commis- 
sary and medical stores, and public moneys, and 
everything else under the control of the General 
in command, belonging to the Government ;" add- 
ing that, " if an affirmative answer is not given to 
this demand," you submit the following questions 
for our consideration and reply, viz. : 

"Do you consent and agree to the following 
stipulations : 

"1st. That everything under the control of the 
General commanding in the Department of Texas, 
shall remain in statu quo, until the second day 
of March next ? 

2d. Thai no movement, change of position, or 
concentration of the troops shall take place ? 

" 3d. That none of the arms, ordnance, military 
stores, or other property, shall be disposed of be- 
fore that time, ordinary consumption excepted ? 

"4th. That upon the second of March, the pub- 
lic property in Texas shall, without delay, be de- 
livered up to the undersigned, or such other Com- 
missioners who may be authorised to act on be- 
half of the Convention ?" 

To the first of the foregoing interrogatories, we 
have the honor to state, that we are willing that 



124 



REBELLION RECORD, 1 860-6 L 



evci'ythin2; shall remain in statu, quo until the 
second of March next ; provided, that the (iencral 
commanding the Department shall not receive 
orders from higher authority than himself to re- 
move the troops from Texas, or find it necessary 
to resist the inroads of marauding- parties of In- 
dians, the enonues of Texas and of our common 
country, or attacks upon the troops or military 
posts in Texas, by irresponsible parties coming 
^rom any quarter whatever. 

With regard to your second proposition, it is 
hereliy agreed, that no movement or change of 
position of the troops shall take place, unless the 
Commanding General shall find it necessary to 
act under the contingencies mentioned in the next 
preceding answer. 

To the third question we reply, that as it is 
not the intention of the Commanding General to 
dispose of, or to place out of the reach of the 
authorities of Texas, any of the property other- 
wise than to meet with it the common wants of 
the military service, so do we agree to j'our pro- 
position. 

And to your last inquiry we have to remark, 
that a compliance with the demands of Texas, 
whether made through you or other Commis- 
sioners, appointed for the purpose, will be yielded 
under the following conditions, viz. : That the 
moneys in the hands of disbursing officers being 
out of the control of the Commanding General, 
and considered as peculiarly a matter of individ- 
ual accountability to the Treasury of the United 
States by those officers, involving the responsi- 
bility of their bondsmen, and being necessary for 
the payment of the troops and del)ts already con- 
tracted in Texas, they will not be relinquished on 
the demand of Texas. That the troops now in 
the Department of Texas shall retain their legiti- 
mate arms in possession, and march out of Texas 
with them ; the requisite ammunition, clothing, 
and camp and garrison equipage, quai'termaster's 
stores, subsistence, medical and hospital stores, 
and such means of transportation of every kind as 
may be necessary for an efficient and orderlj^ move- 
ment of the troops from Texas, prepared for attack 
or defence against aggression from any source. 
That the officers of tlie General Staff at Depart- 
ment headquarters, their families and movable 
property, shall be transported in their egress from 
Texas, by the public means now at this depot, 
whicli means shall be retained for that purpose ; 
and when such service shall have becni performed, 
the said means shall be surrendered to the regu- 
larly authorized persons to receive them. That 
all property delivered up to the authorities of 
Texas, under the foregoing stipulations, shall be 
receipted for by agents appointed by said author- 
ities. 

We are, gentlemen, very respectfully your obe- 
dient servants, D. 11. Yinton, 

Majfir and Quartermaster. 
Sackfield Macklik, 

Paymaster U. S. Army. 
R. H. K. AVniTELEY, 

Captain of Ordnance. 



San Antonio, February 14, 18G1. 

Major I). IT. Vinton, Major Sacl-Jiehl MacJdin, 
Capt.B. H. K. Whiteley, Military Commission 
acting on lehalf of Major- Gen. D. E. Ttciggs: 

Gentlemen : The undersigned Commissioners 
on behalf of the Co'm'ention of the State of Texas, 
acting through the Conunittee of Public Safety, 
have had the honor to receive your conununica- 
tion of the thirteenth inst., while in conference, 
and have the honor to reply to the answers con- 
tained in your note as follows : We are unable to 
accept as satisfactory your answer to that ques- 
tion in our note of the eleventh instant, relating to 
the movement or position of the troops in Texas, 
as your reply, by a reasonable construction of 
its language, if not in express terms, asserts the 
right and intention of the General in command 
of the Department of Texas, to make any move- 
ment by the troops that may be ordered Ijy an 
authority higher than himself The question is 
consequently left unanswered as fiir as relates to 
the object which the undersigned had in view in 
presenting this question for consideration, wlych . 
object was fully set forth in the conference of the • jtf 
eleventh inst. If the question be considered as * f 
answered by your reply to it, then the under- 
signed are constrained to consider it as a sub- 
stantial denial of their demand on that subject. 

The non-acceptance of the terms contained in 
your second answer, rests upon the same reasons 
as those set forth in reply to your first answer. 
The third answer is as the undersigned had rea- 
son to believe it would be, and is accepted. 

The terms embraced in your reply to our last 
inquiry, are accepted, with the following condi- 
tions: First, that all moneys in Texas, for the 
payment of troops, or the liquidation of debts of 
every description, incurred on behalf of the Fed- 
eral Government, shall be considered applicable 
to those purposes, and be turned over to the 
Commissioners for their disposal accordingly, and 
guarantees will be given by the undersigned, for 
the promjit payment of the same, and all funds in 
Texas, held for the Federal Government, not in- 
cluded in the above exception, shall be given up 
and receipted for by the undersigned. That portion 
of the last answer is accepted, which claims the re- 
tention by the troops in Texas of their arms and 
clothing, camp and garrison equipage, quartermas- 
ter's stores, subsistence, medical and hospital stores, 
and such means of transportation of every kind, 
as may be necessary for an efficient and orderly 
movement of the troops from Texas, ])repared for 
attack or defence from any source ; j)rovided the 
trooj)s shall march to the coast, in detachments of 
not more tlian two hundred, each detachment to 
be at least three days' march apart; and upon ar- 
riving at the point or points of embarkation, the 
teams or means of ti'ansportation, with the artillery, 
(if any be taken by the troops,) shall be delivered 
up to the agent appointed to receive and receipt 
for the same. The remaining portion of the last 
answer, relating to the means of transportation 



DOCUMENTS. 



12i 



for the officers, their famUies, servants and pro- 
perty, is accepted according to its terms. 

AVe are, gentlemen, very respectfully, your obe- 
dient servants, Thomas J. Uevixe, 

P. N. LUCKETT, 

S. A. Mavekick, 

Commissioners on behalf of the Committee 
of Public Safety. 

San Antonio, February 15, 1861. 

To Messrs. T. J. Devine, Samuel A. Maverici, 
P. JSf. Luckett, Commissioners on the part of 
the Convention of the People of Texas : 
Gentlemen : In acknowledgment of your com- 
munication of the fourteenth inst, M'herein you 
disagree to certain points in our letter of the 
twelfth inst., the undersigned have the honor to 
say, that the conditions you prescribe for the 
movement of the Federal troops from Texas, will 
necessarily check, for a short time at least, fur- 
ther conference with you on that subject, inas- 
much as it is one over which we have no control. 
The Commander of the Department, whoever 
he may be, whether acting under his own judg- 
ment, or by the advice or instructions of his su- 
periors, has exclusive authority in such cases ; and 
to him must we refer the present one, with a re- 
port of all our proceedings, for his approval or dis- 
approval ; and in view of an immediate change of 
commanders of the Department of Texas, Gen. 
Twiggs having been superseded by Col. AV'aite, 
all the proceedings of the Military Commission 
appointed by the former officers, must be sub- 
mitted for the consideration and sanction of the 
latter, whose duty it will be to execute whatever 
measures may be recommended and adopted un- 
der the action of that Committee. 

The undersigned would respectfully remark, 
that they cannot but regret that the reasons 
given in objection to the relinquishment of the 
funds in the hands of the Federal disbursing 
officers, have not met with acquiescence on the 
part of your Commission, they can only hope 
that upon reconsideration your views may un- 
dergo a change. Under any circumstances we 
hope that the Commissioners appointed by the 
Texas Committee of Safety, will exert their influ- 
ence to avert violence, either on the part of any 
irregular forces or organized military parties of 
whatever size. Believing that everything may be 
done in a manner, honorable to the present con- 
tending parties, and for the quiet and safety of 
the community in which we reside, we have full 
faith that your Commission will so act as to 
bring about results which may prevent a collision 
between the troops of Texas and those of the 
Federal Government. 

We are, gentlemen, very respectfully^. 
Your obedient servants, 
D. H. Vinton, 

Major and Quartermaster. 
Sackfield Macklin, 

Paymaster U. S. Army. 

R." H. K. Whitelev, 

Captain of Ordnance. 

Sup. Doc. 8. 



S.vN Antonio, TEx.ts, ^ 

February 16, 1S61, 6 o'clock a.m. ) 

To the Officer in Command of the Department of 
Texas : 

Sik: You are hereby required in the name 
and by the authority of the people of the State 
of Texas, in convention assembled, to deliver up 
all military posts and public property held by 
or under your control. 

Respectfully, etc., etc., 

Thomas J. Devine, 
S. A. Maverick, 
P. N. Luckett, 

Commissioners on behalf of the Committee 
of Public Safety. 

San Antonio, February 17, 1S61. 
Brevet Major-Oen. D. E. Twiyys.^ Commanding 
Department of Texas : 

Sik : In our communication of the sixteenth 
instant, we required a delivery up by you, of the 
position held, and public property held by or 
under your control, as Commander in this De- 
partment. As no repl}^, save your verbal de- 
claration (which declaration was that you "gave 
up everything ") has been given to our note, and 
as the undersigned are most anxious to avoid 
even the possibility of a collision between the 
Federal troops and the force acting on behalf of 
the State of Texas, a collision which all reflect- 
ing persons desire to avoid, and the consequences 
of which, no man can predict; we again demand 
the surrender up to the undersigned, of all the 
posts and public property, held by you or under 
your control, in this Department. 
Please answer immediately. 

We have the honor to remain, 
Your obedient servants, 

Thomas J. Devine, 
S. A. Mavekick, 
P. N. Luckett, 
Commissioners on behalf of the Committee 
of Public Safety. 

Headquarters Department of Texas, ) 
San Antonio, February IT, 1861. f 

Messrs. Thomas j. Devine, S. A. Maverick, P. 

If. Lucliett, Commissioners on hehaJf of the 

Committee of Public Safety : 

Gentlemen : In reply to your communication 
of this date, I have to say that you are already 
aware of my views in regard to the delivery of 
the public property of this department, and I 
now repeat, that I will direct the positions held 
by the Federal troops, to be turned over to the 
authorized agents of the State of Texas ; pro- 
vided the troops retain their arms and clothing, 
camp and garrison equipage, quartermaster's 
stores, subsistence, medical, hospital stores, and 
such means of transportation of every kind, as 
may be necessary for an efficient and ordei-h' 
movement of the troops from Texas, prepared 
for attack or defence against aggressions from 
any source. D. E.'Twiggs, 

Brevet Major-General United States Army, Commanding 
the Department. 



126 



REBELLION RECORD, ISGO-Gl. 



San Antonio, February 17, 1S61. 

To Brerct Major- Gen. D. E. Twiggs, Comma nd- 

ing the Department of Texas : 

SiK : In reply to your communication of this 
date, we have to say, that we accept the terms 
therein set forth, with the conditions stated in 
our note of tlie fourteenth instant, namelj'', that 
the troops shall leave Texas hy way of the coast, 
and upon arriving at the point or points of em- 
barkation, will deliver up to the authorized agents 
appointed for that purpose, all means of trans- 
portation of every kind used by them, as like- 
wise the artillery, if any be taken. 

Respectfully, etc., etc., 
Thomas J. Devine, 
S. A. Maverick, 

P. N. LUCKETT, 
Commissioners on bclialf of tlie Committee 

of Public Safety. 
Headquarters, Department of Texas, \ 
San Antonio, February IS, 1^61. ) 

To Messrs. Thomas J. JJeciue, S. A. MavericJ,; 
P. j^. Lncl-ett, Commissioners on l)elialf of the 
Convention of the People of Texas : 
Gentlemen : Your communication of the seven- 
teenth instant, which you say is a reply to mine, 
written yesterday, the seventeenth instant, was 
received last night. I consent to the conditions 
that the troops shall leave Texas by way of the 
coast, with the provision expressed in my com- 
munication of yesterda}^ 

As to the condition of surrendering the guns 
of the light batteries, that, you must see, would 
be an act which would cast a lasting disgrace 
upon the arms of the United States ; and under 
no circumstances can I believe that the State of 
Texas would demand such a sacrifice at my 
hands, and more particularly so when I have 
yielded so much to meet what I deem to be due 
to the State, and to avoid any unnecessary col- 
lision between the Federal and' State troops. In 
this view of the case, I am sure you \\\\\ not in- 
sist on a demand which, you must see, I am not 
at liberty to grant. 

I am, gentlemen, very respectfully. 
Your obedient servant, 

I). E. Twiggs, 

Brevet Major-General, United States Array, Commanding 
the Department. 
San Antonio, February 18, 1S62. 

To Brevet Ma/or- Gen. D. E. Twiggs, United 
States Army, Commanding Department of 
Texas. 

Sir : In reply to your communication of this 
date, we have to say tliat we accept the terms 
therein stated, namely, that the two batteries of 
light artillery, with the arms I'or the infantry and 
cavalry, shall be retained by the troops under 
your command, all other property as set forth in 
our previous communication, to" be delivered uji 
to agents authorized to receive it. 

AVe remain, respectfully', 

Your obedient servants, 

Thomas J. Devine, 
P. N. Luckett, 
S. A. Maverick, 
Commissioners on bebalf of the Committee 
of Public Safety. 



Headquarters Department of Texas, I 
San Antonio, February IS, 1S61. ) 

General Orders No. 5. 

The State of Texas, having demanded, through 
its Commissioners, the deliveiy of the miHtary 
posts and public property, within the limits of 
this command; and the Commanding General 
desiring to avoid even the possibility of a col- 
lision between the Federal and State troops ; the 
posts will be evacuated by their garrisons, and 
these will take up, as soon as the necessary pre- 
parations can be made, the line of march out of 
Texas by way of the coast, marching out with 
their arms, (the light batteries with their guns,) 
clothing, camp, and garrison equipage, quarter- 
master's stores, subsistence, medical hospital 
stores, and such means of transportation of every 
kind, as may be necessary for an efficient and 
orderly movement of the troops, prepared for 
attack or defence against aggression from any 
source. Tlie troops will carry with them pro- 
visions as far as the coast. By order of 

Brevet Major-Gen. Twiggs. 
U. A. Nichols, 

Assistant Adjutant-General. 

San Antonio, February IS, 1861. 

The undersigned Commissioners, on the part 
of the State of Texas, fnlly empowered to exer- 
cise the authority undertaken by them, have 
formally and solemnlj'' agreed with Brevet Major- 
Gen. David E. Twiggs, United States Army, com- 
manding the Department of Texas, that the troops 
of the United States shall leave the soil of the 
State by the way of the coast ; that they shall 
take with them the arms of the respective corps, 
including the battery of light artillery at Fort 
Duncan, and the battery of the same character at 
Fort Brown ; and shall be allowed the necessary 
means for regular and comfortable movement, pro- 
visions, tents, etc., etc., and transportation. 

It is the desire of the Commission, that there 
shall be no infraction of this agreement on the 
part of the people of this State. It is their wish, 
on the contrarj^ that every facility shall be aflbrd- 
ed the troops. They are our fi-iends. Tluy have 
heretofore afforded to our people all the protec- 
tion in their power, and we owe them eveiy con- 
sideration. 

The public property at the various posts, other 
than that above recited for the use of the troops, 
will be turned over to agents, to be appointed l>v 
the Commission, who will give due and projier 
receipts for the whole to the officers of the army 
whom they relieve from the custody of the public 
property. Thomas J. Devine, 

P. N. Luckett, 
S. A. Maverick, 

Comniifsioncrs on behalf of the Com. of Public Safety. 
San Antonio, Bexar Co., February S, ISGl. 

Col. Ben. MeCuUoch : 

Sir: The undersigned, ly virtue of the powers 
vested in them by the Committee of Public Safe- 
t}'', do hereby authorize and direct you, in the 
name and by the authority of the State of Texas, 
to call out and collect such numbers of the volun- 



DOCUMENTS. 



127 



teer force or "minute men," as you may deem 
necessary for securing and protecting the public 
property at San Antonio. Upon the assembHng 
of the force, you will proceed, without dcla}^ to 
San Antonio, and report to the undersigned when 
you arrive in the vicinity of the city. 

Thos. J. Devine, 
Sam. a. Mavekick, 
p. n. luckett, 

Commissioners of Committee of Public. Safety. 

Correspondence with Col. "Waite, and Lists of 
Volunteers, sent to various posts. 

[Copy.] 

San Antonio, February 22, 1S61. 

Col. G. A. Waite : 

Sir : Your communication of the twentieth in- 
stant, making a requisition on us for one hundred 
wagons and six hundred mules, has been duly 
considered, and the necessary orders will be is- 
sued to carry out the requisition. 

Yer}^ respectfully, your obedient servants, 

P. N. LuCKETT, 

Thomas J. Devtne, 
S. A. Maverick. 

[Copy.] 

San Antonio, February 25, 1S61. 
Col. C. A. Waite: 

Sir: We have just learned that on Satvu-day, 
Capt. John H. King, of the infiuitry, enlisted a 
man in his companj^ If such is the case, we de- 
mand that he be immediately discharged, and that 
no further enlistments take place. 
Ecspectfully, j^our obedient servants, 

Thomas J. Devine, 
vS. A. Maverick, 

P. N. LuCKETT, 

Commissioners on behalf of the Com. of Public Safety. 

Headquarters, Department of Texas, | 
San Antonio, February 26, 1S61. j 

To Messrs. Tliomas J. Devine, S. A. Mavericlc, 
and P. K. Lvcl:ett, Commissioners, etc. : 
Gentlemen : In answer to your letter of the 
twenty-fifth, I have to say, that I have directed 
Captain King to discharge immediately the man 
he enlisted. 

I shall take measures to prevent the enlistment 
in future of any citizen in Texas. 

I am, gentlemen, very respectfully, your obedi- 
ent servant, C. A. Waite, 

Brevet-Colonel U. S. A. Commanding the Department. 

Headquarters, Department of Texas, \ 
San Antonio, February 21, 1861. ) 

Gentlemen : I have been informed by Cap- 
tain Reynolds, Assistant Quartermaster, that the 
funds placed in his hands, pertaining to the Quar- 
termaster's Department — and for which he is per- 
sonally accountable to the Treasury — have been 
seized by an armed body of Texans, and are no 
longer in his possession. 

The Commissioners, on the part of the State of 
Te.vas, " formally and solemnly agreed with Bre- 
vet Major-Gen. D. E. Twiggs, United States Army, 
Commanding the Department of Texas," that 
" the necessary means for regular and comfortable 



movement, provisions, tents, etc., etc., and trans- 
portation," shall be allowed the troops ; and that 
the public property at the various posts other 
than that above recited, "shall be turned over to 
the agents," etc. The words, "public propert}'," 
do not include money — and certainly not money 
in the hands of disbursing officers who are per- 
sonally accountable for it to the Treasury of the 
United States. Their bondsmen, their private 
property, and their commissions, are pledged to 
their Government, for the faithful disbursement 
of the funds entrusted to them. 

Believing that a proper construction of the 
agreement referred to, will not authorize the re- 
tention of the funds lately in the possession of 
Capt. Reynolds, and seized j^rior to the agreement 
between the Commissioners and Gen. Twiggs. I 
have to require that they may be returned to him 
immediately. 

I am, gentlemen, very respectfully. 

Your obedient servant, 
C. A. Waite, 

Col. U. S. Array, Commanding Dep't. 

To Messrs. Thomas J. Devine, P. N. Luckett, S. 
A. Maverick, 

Commissioners on behalf of Com. of Public Safety. 
Head Quarters, Department of Texas, (Official 
San Antonio, March 5, ISOl. ) copy. 

U. A. Nichols, 

Assistant Adjutant-General. 
San Antonio, February 22, 1861. 

To Col. C. A. Waite, U. 8. A., Commanding 

the Department of Texas: 

Sir : We are in receipt of j^our communication 
of the twenty-first inst., in which you state that 
" the funds placed in the hands of Capt. Rey- 
nolds, Asst. -Quartermaster, and pertaining to his 
department, have been seized by an armed body 
of Texans, and are no longer in his possession." 
You likewise state that " the Commissioners for- 
mally and solemnly agreed with Brevet Major- 
Gen. David E. Twiggs, Commanding the Depart- 
ment of Texas, that the necessaiy means for regu- 
lar and comfortable movement, provisions, tents, 
etc., and transportation, shall be allowed the 
troops, and that the public propert}^ at the va- 
rious posts other than that above recited, shall be 
turned over to agents, etc." You further state 
" the words public property do not include money, 
and certainly not money in the hands of disburs- 
ing officers, etc." You likewise state that a proper 
construction of the agreement referred to, will not 
authorize the retention of the funds lately in the 
possession of Capt. Reynolds and seized prior to 
the agreement between the Commissioners and 
Gen. Twiggs, and you (I) have to require that 
they be returned to him immediately." 

In reply to that portion of your communication 
referring to our agreement with Gen. Twiggs, for 
the comfortable movement of the troops, etc., we 
have to remark that our actions with reference to 
the movement of the troops will attest our will- 
ingness to perform our part of the agreement ; 
and we are now, as we have been heretofore, 
ready and willing to caiTy it out, according to the 
letter and the spirit of the agreement. "With 



128 



REBELLION RECORD, 1860-61. 



reference to that portion of your communication 
relating to the words "public propert}' not in- 
cluding money, etc.," we have to say that if the 
word money was not used in our last communi- 
cation to Gen. Twiggs, it was simply owing to 
the fact that our communication of a previous 
date, as well as our original demand on General 
Twiggs, contained that word and its equivalents ; 
that communication in which we agreed to the 
terms of the note of the eighteenth inst., in which 
Gen. Twiggs claimed the retention of two bat- 
teries of "light artillery, refers to our previous 
communications, in which we claimed all public 
property ; and the reason is apparent, we claim 
no interest in, or desire to meddle with, private 
property, but we do now, as we have heretofore 
done, claim as public property, all money belong- 
ing to or held for the benetit of the Federal Gov- 
ernment. Again, if it were necessary to show 
that nothing was withdrawn by the undersigned 
fi-om their original and repeated demands, or 
understood to have been withdrawn on our part 
by Gen. Twiggs, it will be found in the demands 
made by that officer and several others, for trans- 
j)ortation, etc., and freely furnished by the undei'- 
signed, although no reference is made in express 
terms to this obligation in any of the notes be- 
tween General Twiggs and the undersigned, and 
the reference is only found in our communication 
of the fourteenth inst, to the ]\Iilitary Commis- 
sion. We might still further add, that the Mili- 
tary Commission, as well as Gen. Twiggs, repeat- 
edly disclaimed anj- right on the part of the offi- 
cer in command, to control disbursing officers in 
their disposition of the public funds. If, then. 
Gen. Twiggs has acted upon portions of our an- 
swer of the fourteenth inst, although sucli por- 
tions were not set out in our reply of the eigh- 
teenth, it shows that he understood the referring 
to that communication was a substantial embodi- 
ment of its terms, in the communication in which 
we referred to it. A consideration of these facts 
will show the necessity for a complete under- 
standing of all matters connected with or operat- 
ing in any manner upon the question of our right 
to obtain possession of, or control the funds of 
the Federal Government in Texas, such funds 
being subject, however, to the payment of legiti- 
mate claims due either to soldiers or citizens. 
For this purpose the undersigned submit the fol- 
lowing questions, to be answered by the various 
disbursing officers, or heads of departments, and 
certified to respectively by them on honor. Ques- 
tion : 

1st. Please state what amount of funds in spe- 
cie, coin, drafts, or otherwise, were in your cus- 
tody or under 3^our control for pvu-poses connect- 
ed with your department, or the performance of 
your official duties, on the eighth day of Feb- 
ruarj', 18G1 ? 

Question 2d. Please state what portion of that 
amount has been disbursed or changed from its 
original condition between that day and the time 
of answering this question, and how or where was 
this disbursement or change made ? 

Question 3d. Please state what amount of in- 



debtedness exists against your department, at the 
time of answering this qvicstion, and the persons 
claiming the same, as nearly as it is in your pow- 
er to do ? 

Question 4th. Please state what amount in spe- 
cie or coin has come into your possession since 
the eighth of February, 1861, and what amount 
has been placed to your credit, or at your dispo- 
sal for the purposes conected with your depart- 
ment, in other cities of the Union, since the eighth 
of February, 1861 ? 

Question 5th. Please state the amount of funds 
connected with your department on hand, in spe- 
cie, coin, drafts, or other evidences of money or 
credit ; and please state the amounts of the re- 
spective credits in this city, and with whom, as 
likewise in other cities of the Union ? It is hoped 
that the preceding five questions will be submit- 
ted to the various disbursing officers residing in 
this cit}^, and an answer is required within the 
next eighteen hours. 

The Commissioners do not desire, on the con- 
trarjr, it is their determination that nothing shall 
be done, by or through their agency, that is likely 
to cause unpleasant consequences. Our instruc- 
tions and sense of duty, however, alike demand 
that all measures proper and necessary for the se- 
ciu'ing the public funds for the benefit of the 
State of Texas, shall be attempted, and, if possi- 
ble, carried to a successful termination. 
We remain, very respectfully. 

Your obedient servant, 

Thomas J. Devine, 
S. A. Mavekick, 

P. N. LUCKETT, 

Commissioners on behalf of Committee 
of Public Safety. 

IlEADQnARTEUS DEPARTMENT OF TEXAS, ( 

San Antonio, February 25, 1S61. S 

To Messrs. TliomasJ. Devine, P. K LucJcett, S. 

A. MaTerick, Commitisioners, etc., etc., San 

Antonio : 

Gentlemen : I have already acknowledged the 
receipt of your letter of the twenty-second inst., 
and the pressure of my public duties must be my 
apology for not answei-ing it at an earlier date. 

In regai-d to the five questions proposed in your 
connnuuieation, and j'our request that the "vari- 
ous disbursing officers, or heads of departments, 
be required to furnish you with answers ' certi- 
fied' by them 'on honor,'" I have to state that 
I have no power to compel a compliance with 
yom- wishes. An order of that kind would be 
illegal, and they would not be bound to obey it. 
As regards myself, if I were to issue an order 
that would endanger the public funds, or cause 
a disposition of them not sanctioned by law, I 
should place my commission in jeopardy, and ren- 
der myself liable for the amounts involved. In 
relation to the payment of the claims against the 
United States, I would remark that the disburs- 
ing officers by whom the debts were contracted, 
are the proper persons to pay them, as they alone 
can know the amounts actually due. 

I will here repeat what I have more fully stat- 
ed in a former communication — that I cannot re- 



DOCUMENTS. 



129 



cognise the right of Texas to claim any portion 
of the funds in the hands of the disbursing offi- 
cers. In this view of the case, I am confirmed 
by the most positive assurance of Gen. Twiggs, 
that he has not at any time, or in any way, con- 
sented to the transfer of the public funds to the 
State of Texas. 

I am, gentlemen, very respectfully, 

Your obedient servant, 

C. A. Waite, 

Colonel U. S. A. Commanding the Department. 

Headquarters Department of Texas, | 
San Antonio, March 2, 1S61. ) 

To Messrs. Thomas J. Denine, P. If. Lvcl-ett, 
Samuel A. Maverick., Commissioners on hehaJf 
of Committee on Puhlic Safety., San Antonio: 
Gentlemen : I here repeat in writing the sub- 
stance of the remarks made verbally to you yes- 
terday, with respect to the funds on hand, the ex- 
isting debts of the United States Quartermaster's 
Department, and those which may accrue during 
the sta}^ of the United States troops within the 
limits of the State of Texas. 

That I will exert the full extent of my author- 
ity to cause to be paid to the citizens of Texas, 
all just demands they may hold against the United 
States, pertaining to the Quartermaster's Depart- 
ment, or that may hereafter be contracted by said 
Department, so far as the funds on hand will per- 
mit ; and, further, that it having been ascertained 
that the available funds on hand are not sufficient 
to liquidate the present outstanding demands, I 
will cause an estimate to be made for such further 
sums as m&j be deemed sufficient — it being under- 
stood and agreed to by said Commissioners, that 
such sums as may be necessary for the hire of team- 
sters, lighters, the purchase and delivery of for- 
age, fuel, and other supplies, and to meet all the 
expenditures necessary for a " regular and com- 
fortable movement " of tlie troops on their march 
from their present stations to the coast, and to 
enable them to embark, shall be retained and 
held subject to such expenditures. 

I am, gentlemen, very respectfully 

Your obedient servant, 

C. A. Waite, 

Col. Com'g Dept. Texas — Col. U. S. A. Comm. Dept. 

Approved by the undersigned Commissioners 
on behalf of the Committee of Public Safety. 

San Antonio, Texas, March 2, 1861. 
We, the Commissioners on behalf of the Com- 
mittee on Public Safety, will place at the disposal 
of the commanding officer of the troops in Texas, 
such means of transportation as are at our com- 
mand, to be used by said troops in transporting 
their baggage, provisions, forage, and other sup- 
plies, to such points on the coast as have been 
selected for embarkation. 

Thomas J. Devixe, 
S. A. Maverick, 
P. N. Luckett, 
Commissioners on behalf of Com. of Public Safety. 



{Circidar.') 

Headquarters Department of Texas, 1 
San Akto.niu, February 2.5, ISGl. ) 

Sir: As some of the companies in the Depart- 
ment have already evacuated their posts, deem- 
ing the requirements of General Orders No. Five 
immediate, the Department Commander calls the 
attention of Post Commanders to the condition as 
therein expressed, viz.: "As soon as the neces- 
sary preparations can be made." The "necessary 
preparations" will be made at these Headquar- 
ters, and no troops will be put in motion until or- 
ders for such purposes shall be issued from the 
Department. 

Should, however, any of the companies within 
this command have left their stations, and be 
found, on receipt of these instructions, on the 
march for the coast, they will not consider the 
above requirements as operative upon them, but 
will continue their line of march. 

I am, sir, very respectfully, 

Yom* obedient servant, 

U. A. Nichols, 

Assistant Adjutant-General. 

Copy of circular addressed to Post Command- 
ers. For the State Commissioners, etc., San An- 
tonio, Texas. 

Office of Commissioners, ] 
San Antonio, March 2, ISGl. f 

To Colonel C. A. Waite, U. S. J., Commanding 

Department of Texas : 

Sir : We are credibly informed that after the 
departure of Capt. jMacklin's company, from Camp 
Verde, the soldiers of Company A, First infantry, 
burned up a chest of saddler's tools, belonging to 
the Federal Government, left by Capt. Brackett, 
to be placed in the quartennaster's store. Five 
days after, on the night of the return of that com- 
pany to Camp Verde, the men broke into the 
hospital, and after consuming the liquor, de- 
stroj^ed all they could not conveniently appropri- 
ate to their own use ; the night after, they broke 
into the carpenter's shop, and destroyed every- 
thing that was not appropriated by them to their 
own use. 

We desire to call your attention to this trans- 
action, as it is not in the spirit or according to 
the letter of the agreement between Gen. Twiggs 
and the undersigned. We have to request that 
this company be removed, as soon as possible, 
from Camp Verde. The officers and men of Com- 
pany A will be held liable for any destruction of 
property, or other outrage, which they may fail 
to prevent or be guilty of. 

We remain, respectfully, etc., etc., 

Thomas J. Devine, 
^ S. A. Maa'ekick, 

P. N. Luckett, 

Commissioners on behalf of the Com. of Public Safety, 

HBADQtIARTERS, SAN ANTONIO, | 

Texas, March 2, 1S61. f 

To tlie Commissioners: 
Sirs : I have the honor to report, that : 
1. Lieut. S. W. McCallister, of Capt. Jordon's 
company, with one sergeant, one corporal, and 
eighteen privates, are en route for Fort Davis. 



130 



REBELLION RECORD, 1860-61. 



2. Sergeant C. Denman, of Capt. Teel's com- 
pany, with one corporal and fifteen privates, are 
en Toiite for Camp Stockton. 

3. Lieut. J. C. Moody, of Capt. Teel's com- 
pany, with one corporal and fifteen privates, are 
en route for Fort Lancaster. 

4. Sergeant T. L. Wilson, of Capt. Teel's com- 
pany, with one corporal and fifteen privates, are 
en route for Camp Hudson. 

5. Lieut. B. E. Benton, of Seguin, has orders 
to repair immediately to Fort Mason, with twenty 
mounted men. 

6. Lieut. James Paul, of Castroville, has orders 
to repair immediatel}^ to Camp Yerde, with twen- 
ty-five mounted men. 

7. Lieut. W. Adams, of Uvalde, has orders to 
repair immediately to Fort Inge and Camp Wood ; 
ten mounted men at tlie former and twenty-five 
mounted men at the latter place — in all, thirty- 
five men. 

8. Captain T. T. Teel and Lieut. Bennett are 
awaiting orders, with fifteen privates each, to 
garrison Fort Duncan and Fort Clarke. 

9. Lieutenant Benton, Lieut. Paul, and Lieut. 
Adams, furnish their respective detachments with 
arms and ammunition, also horses. 

10. If it be deemed advisable to muster the de- 
tachments of Licuts. Benton, Paid and Adams, I 
can repair to their stations, and do it. Colonel 
McCuUoch did not deem it necessary that they 
should report at these headquarters for that pur- 
pose. I am, sir, respectfully, etc., 

\Y. T. Meckling, 

Captain and Assist. Adjutant-General. 

To Hon. T. J. Devine, S. A. Mavekick, and P. 
N. LucKETT, Commissioners. 

Headquarters, San Antonio, Texas, ) 
Marcli 1, ISOl. ) 

To the Hon. Commissioners: 

Sirs : T have the honor to report that I mus- 
tered and inspected the several detachments of 
State troops, who are to occupy Forts Davis and 
Lancaster, Camps Stockton and Hudson, and re- 
port them encamped about eight miles west of 
this city, ready to march at a moment's notice. 

Enclosed is a copy of the order assigning them 
to their posts, and order of march. 

I am, sirs, very respectfully, 
your obedient servant, 

W. T. Mecklixg, 

Captain and Assist. .\(ljutant-General. 

To Hon. T J. Devine, P. N. Luckett, and S. A. 
Mavekick, Commissioners. 

Answers to Capt. Blair and Major MacMin. 

Memorandum of Subsistence, Funds and Lia- 
bilities in the Office, and under the control of the 
Commissary of Subsistence. 



On deposit in New-Orleans, . . . $2,043 00 
On hand in coin, 4,033 47 



LIABILITIES. 

For flour delivered, and in course of 

delivery, at various posts, . . . $5,604 20 

To fill requisitions for current ex- 
penditures at the various posts, . 8,498 69 



Total, $14,102 89 

The above embraces the whole of the public 
funds under my control, of all kinds and descrip- 
tions, and all evidences thereof 

W. B. Blair, 

San Antonio, February 28, 1S61. Captain C. S. 

San Antonio, Texas, Feb. 23, 1861. 
To the Commissio7icrs : 

Gentlemen : In answer to your demand, to be 
informed of the amount of public money received 
and expended by me since the thirty-first day of 
October, 1860, as well as the amount now on 
hand, and on deposit to my credit, I remark : 
That on the twentieth of January, 
1861, deposited to my credit, in 
the Treasury, New-Orleans, . , $25,000 00 
On the twenty - second of Febru- 
ary, in the Treasury, New -Or- 
leans, 50,000 00 

Deposited to my credit in the Treas- 
ury of New- York, on the first of 
February, 1801, 5,000 00 



Making total to m}'' credit, since the 

thirty -first day of October, 1860, $80,000 00 

Since the date of the above depo- 
sits, T have expended in paying 
the public dues from the deposits 
in New-Orleans, $36,649 CO 

Expended from the deposit in New- 
York, 3,877 50 



Total expended from the above de- 
posits, $40,527 16 

Leaving balance to be accounted for, 
$39,472.84, which will be explain- 
ed as follows, viz. : 

Draft drawn liy me in favor of Lieut. 
Thomas M. Jones, U. S. A., on 
deposit in New-Orleans, and now 
en route to this place, .... $30,000 00 

Balance in Treasury, New-Orleans, 8,550 34 

Balance in Treasury, Nesv-York, . 1,122 50 



Total, 



$7,570 47 



Total amount on liand, on deposit 

and en route to this place, . . $39,472 84 

It is impossible for me to say, with a positive 
certainty, what amount it will require to pay the 
troops (for whom the estimate upon which the 
above funds were furnished) to the present date. 
But I am pretty certain that $10,000 will be suf- 
ficient. 

Please allow me to sa)% that there may be 
some errors in this hasty report, but I feel well 
assured that the errors are slight. 

I have the honor to be, gentlemen, respectfull}'' 
your obedient servant, Sackfield Macklin, 

Late Paymaster United States Army. 

To T. J. Devine, S. A. Mavekick, P. N. Luckett, 

Commissiouera. 



DOCUMENTS. 



131 



{Report No. 2 — Oen. Rogers s Mission.) 

Committee Room, Mai'ch 7, 1861. 

To the Ron. 0. 31. Roheris, President of the Con- 
vention : 

The Committee on Public Safety beg leave to 
report through you, to the Convention, that on 
the fourteenth day of February they were in ses- 
sion at the cit}^ of Galveston, and at that time 
they felt the great necessity of having more arms 
tlian were to be found in the State, and the Hon. 
Geo. Williamson, Commissioner from Louisiana 
to Texas, being then in that city, they caused 
the Chairman of the Committee to address to 
him a communication, which with the answer 
thereto is herewith submitted. 

Galveston, Texas, February 14, 1S61. 

To Geo. Williamson.^ Commissioner from Louis- 
iana to the State of Texas : 
Dear Sir : The Committee of Public Safety 
regret to have to make known to your State, 
through yourself, the unfortunate condition of 
Texas as to arms for her people. Should coercion 
be the policy of the incoming Administration 
at Washington, we hope to be able to bring into 
the field as many strong arms and brave hearts, 
as our Southern sisters ; but in this crisis we 
must ask them to lend us whatever spare 
arms they may have. The Committee beg to 
know of you what assurances you can give to 
Texas in behalf of your gallant State on this sub- 
ject? Especially, sir, would we ask of you your 
individual efforts in our behalf, to secure for us 
the two pieces of ordnance, well known in the 
history of Texas as the " Twin Sisters." We are 
informed that they are now in the hands of the 
State of Louisiana, having been lately taken fi'om 
the Federal Government. 

In conclusion, sir, allow me, in behalf of the 
Committee, to extend to you the highest regards 
of each member for yourself, personally, and 
their best wishe.? for your welfare and happiness, 
and that of your people. 

I have the honor to be, very respectfully, 
Your obedient servant, 

J. C. Robertson, 
Chairman of Committee of Public Safety. 

Galveston, February 17, 1S61. 

Hon. J. C. Robertson, Chairman Committee of 

Public Safety : 

Dear Sir : In reply to your note of this date, 
I beg leave to state that owing to the timely and 
patriotic action of the Governor, in seizing the 
United States forts and arsenals in Louisiana, the 
State is abundantly provided with arms. It is 
needless for me to assure you that the State I 
have the honor to represent as Commissioner, 
feels the liveliest interest in everything that per- 
tains to the safetj^ and protection of Texas. Re- 
lying upon this feeling, and knowing personally 
tlie Governor, I can assure you that he will do all 
in his power to supply the want of arms you say 
now exists in Texas. Her gallant sons who are 
so eager to again recover her independence, 
should have the means to accomplish their desire. 



I shall use every effort in my power to accomplish 
your wishes, both in regard to the arms and to 
the historic "Twin Sisters." 

Permit me to suggest to j'our Committee the 
propriety of sending a Commissioner to the State 
of Louisiana, to negotiate for a loan of arms and 
munitions of war, vested with full authority to 
receipt for the same in the name of the State of 
Texas. I shall heartily cooperate with him. 

I beg leave to tender my thanks to yourself 
and the Committee, for the courtesies extended 
to me during my agreeable visit to j'our State. 

AVith assurances of my kindest regards and 
respect, I have the honor to be 

Your obedient servant, 

George Williamson, 
Commissioner of the State of Louidana. 

They further report that from the tenor of said 
letters in answer to the communication from the 
Committee, they were encouraged to make the 
effort to obtain some of the arms with which the 
State of Louisiana was so abundantly supplied. 
They accordingly issued to James H. Rogers, one of 
this Committee, a commission to proceed to ac- 
complish that object ; which commission, togeth- 
er with his instructions as to the disposition of 
said arms, are herewith submitted : 

'■'■Commission.'''' 

Committee Room, Galveston, Texas, ) 
February 20, 1S61. j 

To Gen. James U. Rogers : 

Sir : You are hereby commissioned as a spe- 
cial officer, to proceed at once to the city of Baton 
Rouge, in the State of Louisiana, and there con- 
fer with the Governor of said State, or other le- 
gally constituted authority, for the purpose of pro- 
curing therefrom as many arms as you can ob- 
tain, for the use and benefit of the people of 
Texas, and, in the event of your failing to obtain 
the same, or a sufficient number thereof, from 
said State to answer the present urgent demand 
therefor in Texas, you shall, if in your judgment 
it be right and proper so to do, proceed at once to 
the State of Alabama, on a like mission. 

John C. Robertson, 
Chairman of the Committee of Public Safety. 

[Attest] R. T. Brownkigg, 

Secretary to the Committee. 

^'■Instructions.'''' 

Resolved, That the Commissioner appointed to 
visit the State of Louisiana, for the purpose of 
procuring arms for the use of the State, be in- 
structed to dispose of the same in the following 
manner, namely : 

One half the arms to be obtained by him shall 
be shipped to J. M. & J. C. Murphy, Jefterson, 
Marion County, Texas, subject to the order of the 
Convention, and the other half to E. B. Nichols, 
& Co., Galveston, Texas, subject to same ordei-. 

A few days after the departure of said Commis- 
sioner, he returned to this Committee the follow 
ing encouraging communication : 



132 



REBELLIOX RECORD, 18G0-C1. 



New-Orleans, February 23, ISCl. 

Hon John C. Jiolertson, Galrcston, Texas : 

My Dear Sir : I arrived here safe yesterday 
morning, met that prince of gentlemen, Col. AVil- 
liamson, and I have conferred with him fully on 
the object of my mission. He had just returned 
from a visit to the Governor at Baton Rouge, 
whither he went as our friend, on the subject of 
arms. 

He gave me the kindest assurances of the 
friendly feelings of the Governor, and the people 
of Louisiana to our cause, and introduced me to 
Gen. Bragg, who assures me of the loan of five 
thousand stand of arms, and gives me letters to 
the Governor, stating the abilitj' of Louisiana to 
spare so many — two thousand percussion and 
three thousand flint and steel. I have seen the 
arms, they are good and in prime order, and I 
shall receive them, believing it to be for the inter- 
est of Texas. 

Col. Williamson says he has procured the Legis- 
lature of this State to dress up and remount the 
■' Twin Sisters," and has their assurance that 
they will then be presented to Texas b)^ Louis- 
iana. 

Gen. Bragg says he has assurances from United 
States officers in Texas, that if the}'^ are properly 
treated they will come into the service of Texas, 
and strongly recommends mildness and courtesy 
towards them ; that such a course will bring them 
to us, and make them a breastwork for our de- 
fence. 

Allow to recommend respectfully the views of 
Gen. Bragg on this subject as being those of 
M'isdom and prudence, and to beg that they may 
be adopted. 

I shall leave this evening for Baton Rouge, 
and will get back to Austin as soon as I can. 

Once more — mildness and peace is the true 
policy for Texas. Give the officers and soldiers 
a chance, and all will be well. For God's sake 
and the interest of Texas, avoid harshness and 
blood — the latter is ruin, the former, prosperity 
and safety. 

In much haste, very respectfully, 

James PI. Rogers. 

The Committee have the pleasure to announce 
to the Convention, that said Commissioner has 
returned from his mission, and submitted to the 
Conunittee the following report and accompany- 
ing documents, all of which they respectfully 
submit to the Convention as a part of this 
report. 

The Committee further state that at the very 
earliest ])ossil)le moment they will furnish further 
reports of their proceedings. 

I have the honor to be, very respectfully, 
JoTix C. Robertson, 
Chairman of Committee of Public Safety. 
Report of J. II. Rogers^ and accompanying Docu- 
ments. 

Austin, Texas, March 5, 1861. 

To Eon. J. C. Rolertson, Chainnan of Committee 

of Puhlic Safety : 

Sir: In obedience to instructions given me, 
and acting by authority of the Convention of 



the State of Texas, as Commissioner to the State 
of Louisiana, charged with the duty of procur 
ing arms of that State foi- the defence of Texas, 
in case of invasion, I have the honor to report : 

That on the twentieth day of February, 1801, 
I left the city of Galveston, and on the twent}'- 
second, reached the city of New-Orleans, and 
entered immediately upon the discharge of sa d 
duty. 

It affords me great pleasure to state to yon, 
and through yon to the Convention, that owing 
to the kindly aid of the late Commissioner from 
the State of Louisiana to the State of Texas, Col. 
George Williamson, and also to that of Major- 
Gen. Bragg, and the warm feeling of friendship 
entertained by the Governor of the State towards 
Texas, I had but little difficulty in the discharge 
of my mission. 

On the twenty-third of February, I had the 
honor to address to his Excellency the Governor 
of the State of Louisiana, the communication 
hereto appended, (marked No. 1,) and received 
from him promptly, an order for five thousand 
stand of arms, four thousand two hundred and 
fifty flint and steel, and seven hundred and fifty 
percussion muskets. 

Whilst this order was being filled, the news 
of the capture of arms and munitions of war at 
San Antonio, and the subsequent agreement be- 
tween our Commissioner at that point, and Bre- 
vet Major-Gen. Twiggs, for the withdrawal of 
the Federal troops from Texas, and the surrender 
of the arms at the various posts in^ Texas, was 
received by Gov. Moore, who immediately ad- 
dressed me the appended note, (marked No. 2,) 
limiting the original order to one thousand stand 
of muskets, with assurance that should necessity 
recpiire it, this loan shovdd be increased. 

I would further report that on the twenty- 
sixth of February, I received by order of the 
Governor the said arms. In obedience to your 
instructions, I immediately had shipped five 
hxnidred stand to Messrs. J. M. & J. C. Murphy, 
Jefferson, Marion County, Texas, and five hun- 
dred stand to Messrs. E. B. Nichols & Co., Gal- 
veston, where they now are, subject to the order 
of the Convention. It was impossible to pro- 
cure either cai'tridge-boxes or ammunition, as the 
State of Louisiana was not sufficiently provided 
to extend the loan. Failing in this, and deeming 
it necessarj^ to ascertain where the State of Texas 
could most speedily supply herself, I instituted 
incjuiry in the city of New-Orleans, and am able 
to furnish the Conunittee with satisfactory in- 
formation upon that point, by appending state- 
ment marked " A." 

The muskets I receipted for in the name of the 
State of Texas, and have pledged the fiiith of the 
State for their return, or payment at their ap- 
praised value. I have the pleasure to inform you, 
that through tlie agcncj^ of Col. Williamson, the 
Legislature of the State of Louisiana has ordered 
the " Twin Sisters," the San Jacinto thunderers, 
to be remounted in fine style, and presented by 
the State of Louisiana to the State of Texas, 
which I am assured will be shortly done. I feel 



DOCUMENTS. 



133 



confident that this delicate demonstration of 
regard for our State, will be duly appreciated by 
yourselves and the gallant people of Texas, 
whose interests you represent. 

Having been instructed to make application to 
the State of iVlabama, for a similar loan of arms, 
etc., whilst in New-Orleans, I telegraphed our 
delegates at Montgomery, enquiring as to the 
chance of success in that quarter, and received 
fi-om the lion. W. B. Ochiltree, the following 
reply : 

MONTGOJLERY, Feljruary 22, 1861. 

Gex. J. H. Rogers : Alabama having to sup- 
port Florida, can spare no arms to Texas for the 
present. W. B. Ochiltkee. 

I therefore did not prosecute that branch of 
my mission further, deeming it unnecessary to 
do so. An invoice of ordnance and ordnance 
stores, receipted for by me, I herewith transmit to 
you, (marked "B,") together with other documents 
referred to, for your inspection. I cannot close 
this report without expressing my heartfelt grati- 
tude, as a citizen of Texas, to his Excellency Gov. 
Thomas 0. jMoore, to Gen. Bragg, and to Col. Geo. 
Williamson, for their generous kindness to me, 
whilst acting as your agent. Trusting that I 
have satisfactorily discharged the duty imposed 
upon me, I have the honor to remain, 

Yours most respcctfullj'', 

James H. Rogers, 

Commissioner. 

{Communication No. 1.) 

New-Orleans, February 2.3, 1861. 

To Ms Excellency tlie Governor of the Sovereign 

State of Louisiana : 

Sir: I have been honored by the State of 
Texas, with the performance of a duty alike re- 
sponsible and delicate. Your Excellency has 
been notified that on the first of February, 18G1, 
the Ordinance ratifying and acceding to the arti- 
cles of annexation, passed on the fourth of July, 
1845, were formally annulled by a Convention of 
the people of Texas, assembled at our capital 
city, Austin. The ordinance of secession was 
submitted for ratification or rejection to the peo- 
ple of the State, to be determined at the ballot- 
box, on this the twenty-third of this month. 

Such has been the confidence of the delegates 
in the action of the people, that although the 
Convention has taken a recess until the second 
of March next, active measures have been in the 
mean time taken, to provide against the threatened 
attempt at coercion. Entertaining a lingering 
hope that a returning sense of justice would in- 
duce the dominant party of the old Union, to 
pursue such course as would justify a continu- 
ance of that Union, our people have permitted the 
day of results to dawn upon them unprepared to 
a great extent for the coUision that now seems in- 
evitable. The determination of the people of 
Texas is fixed ! Whatever may be the conse- 
quences, Texas has thrown her influence, and 
will throw her sword into the scales, with her 
sister Southern States, The relations, both social I 



and commercial, which have grown up and so 
closely entwine each, make the interests and 
future destiny of Texas and Louisiana the same. 
The idea of a separate republic has never been 
seriously entertained by the people of Texas. 

The enemies of secession have attempted to 
embarrass immediate action, by intimating such 
a course. I beg to assure you, as the recent 
action of our Convention, in sending delegates to 
the Montgomery Convention, indicates, that Texas 
will link her destinies with the fortunes of her 
sister cotton and sugar-growing States, and the 
banner which waves over their patriotic sons, in 
peace or war, will float over the undaunted sons 
of the Lone Star State. 

The mansion and cottage hearth-stone shall 
be made desolate, and the west bank of the Red 
River become a frontier, before hostile Federal 
troops will from her direction, ever place foot 
upon the soil of Louisiana. 

Circumstances require that Texas should ap- 
peal to Louisiana for arms in this emergency, 
and 1 have the honor to be commissioned for this 
purpose. I am prepared to guarantee to your 
Excellency their proper use, and unless lost in 
glorious battle for freedom and equal rights, 
their safe return. 

I have the honor to be, sir, 

Very respectfully, your obedient servant, 

James H. Rogers. 

{Communication No. 2.) 

Executive Office, Baton Rouge, La, I 
February 25, 1861. ) 

To Gen. James IT. Rogers, Agent of the State oj 

Texas. 

Sir : In consequence of the ncM'S this dsij re- 
ceived, of the withdrawal of Gen. Twiggs and his 
command from Texas, and of the State's thus get- 
ting possession of large quantities of military mu- 
nitions, I presume there no longer exists the want 
of arms which you were sent here to procure. 
But as the arms, etc., surrendered by the retiring 
corps of the United States troops, are in Western 
Texas, leaving Eastern Texas comparatively desti- 
tute, I have ordered one thousand stand of mus- 
kets to be issued, for the purpose of being sent to 
Jefferson for distribution in that portion of the 
State. 

Should my inference from the reported retiring 
of Gen. Twiggs and command prove ciToncous, I 
shall respond to a renewal of your call for a loan 
of arms, by promptly shipping such as we may 
then be able to spare. 

Fully approving the active preparation made 
by the authorities of Texas for her defence, and 
desirous of aiding them in every proper ^^■ay, I 
remain, very respectfully. 

Your obedient servant, 

Thomas 0. Moore, 

Governor of the State of Loukiana. 
(Document "yl.") 

Statement from P. Rotchford, Agent for the 
Du Font's powder. 

United States cannon powder, .... $6 



134 



REBELLIOX RECORD, 1860-61. 



100 kegs rifle, $0 

500 " musket, 6 

at the powder magazine. 

Common cannon powder is only $5 per keg, 
for blasting and for saluting purposes. 

It will be necessary to give some timely notice 
in order to have any quantity of powder. A\'e 
have also some rille powder at '^o, which is con- 
sidered good, but only one or two hundred kegs ; 
it would, no doubt, do for cannon, as it is strong. 

P. KOTCHFOKD, 

49 Union Street. 

(Document Ko. 3.) 
Invoice of ordnance and ordnance stores, turned 
over by H. Oladowski, commanding Baton Rouge 
Arsenal, to James H. Rogers, Agent of the State 
of Texas, in obedience to order of Governor and 
Commander-in-Chief of the State of Louisiana 
Arm3\ 

1000 muskets, altered to percussion model, 1822. 
1000 screwdrivers for percussion arms. 
1000 cones " " " 

1000 wipers for muskets " " 

100 ball screws for " " 

100 screw-vices " " 

50 arm chests. 

I certify that the above is a correct invoice of 
ordnance and ordnance stores, turned over by 
me, this twenty-sixth day of February, 1861, to 
James H. Rogers. II. Oladowski, 

Coiniuandinj; Arsenal. 

The surrender of the public property in San 
Antonio, as reported by the Committee of Public 
Safety, was not without embarrassments. The 
concentration of so large a body of undisciplined 
men with arms in their hands, and with excited 
feelings aaainst the Federal Government, was 
with diiiicult}^ controlled. All business was sus- 
pended, the stores were closed, and a collision 
momentarily expected between the few United 
States troops on duty and the Texas forces, re- 
gardless of the authority of their superiors. There 
were on duty in the city one hundred and twenty 
men, belonging to the First and Eighth United 
States infantry, commanded by a Captain now a 
Major in the army of the Confederated States. 
The sixteenth and seventeenth of February were 
occupied in the interchange of opinions and views 
between the Commander and the Texan Commis- 
sioners. A demand was made for the uncondi- 
tional laying down of the arms in the hands of 
the United States troops, and it was not until the 
morning of the eighteenth inst., when a Sergeant, 
having accidentally heard of what was meditated, 
informed his Commander "that further delay was 
vninecessary," as the men had openly declared 
that they would resist all such attempts, and die 
with their arms in their hands." It was appa- 
rent that if the effort was made, blood would be 
shed, and a most fearful conilict ensue within the 
limits of the city. The design was abandoned, 
and the connnand marched out of the city, in the 
presence of tifteen hundred Texas troops, with 
their arms in their hands, colors Oying, and drums 
beating. Col. C. A. Waite, Fu-st infantry, United 



States army, superseded Gen. Twiggs, by orders 
from AVashington, which he receivetl at Camp 
Verde, his station, sixty-five miles distant, on 
the sixteenth of Februar}^, 18(U. Col. Waite, 
ignorant of what had transpired in San Antonio, 
obeyed his instructions immediately. The Com- 
missioners of Public Safety apprehending this, 
and learning from general report that Col. Waite 
was as then termed an abolitionist, or a black re- 
publican, adopted the most sti-ingent measures to 
prevent liis interfering in the complete accomplish- 
ment of their designs. Detachments of mounted 
men were posted upon every road leading to and 
from Camp Yerde, with instructions to arrest Col. 
Waite, and keep him in close confinement. It 
so happened that Col. Waite, on his way to San 
Antonio, lost his road, and taking an Indian trail, 
reached tlie city, unknown to the authorities, on 
the morning of the nineteenth of February, the 
day after the completion of the capitulation. He 
found himself alone and helpless. Any attempt 
to break the terms would have caused his arrest 
and confinement. His duty now was towards 
those officers and soldiers fiir removed upon the 
frontier, who, in total ignorance of the treason 
which had sold them into captivity, had, as before 
stated, but a limited supply of provision, ammu- 
nition, and the means of transportation. To com 
municate with them was impossible, without per- 
mission from the " Committee of Public Safety." 
The highways to the interior were filled with 
armed men, with instructions to arrest persons 
travelling to and fro, and to withhold all letters 
found in their possession. There was no alter- 
native but to have an amicable understanding 
with the Texan authorities, in order to relieve 
the troops serving upon the frontier. The means 
were accordingly granted Col. AVaite, in the way 
of horses and provisions, to enable him to com- 
municate with the officers of his command. Passes 
were given to express men by the Committee of 
Public Safety, to permit them to reach the vari- 
ous posts along the frontier with instructions from 
"Col. Waite. These instructions were examined 
by the Committee before being sent. As offensive 
and humiliating as it was to the Commander, the 
order of Gen. Twiggs, directing the withdrawal 
of the troops from Texas, was transmitted to the 
officers in the interior, at the same time inform- 
ing them that transportation and subsistence 
would be sent as early as possible, 'i'he otticers 
saw in the surrender of Twiggs, imavoidable em- 
barrassments surrounding them, Ijut a repetition 
of the disastrous and disgraceful events which 
had been enacted throughout the country the 
two months past. Our ffag had been dishonored, 
forts, arsenals, and treasury had been plundered, 
still the heart of the nation, throbbing with indig- 
nation, sought reconciliation and forl)earance to 
avoid collision and the shedding of blood. Isolated 
as they were, with small commands in i)osts and 
detached camps, upon a frontier of fourteen hun- 
dred miles, destitute of subsistence and means 
of connnunication, and a march of from two to 
six hundred miles through an enemy's country, 
to a point of embarkation, there was no alterua- 



DOCUMENTS. 



135 



tive but to submit without remonstrance to the 
terms of capitulation agreed upon in San Antonio 
on the eighteenth of February, 1801. To resist 
would have been but a cruel forfeiture of the 
lives of the Ijrave men around them, who, regard- 
less of consequences, expressed their willingness 
to die upon the soil. Temporary success might 
have been accomplished, but before they could 
have reached the coast for embarkation, they 
would have been intercepted and decimated by 
the thousands of Texas volunteers now eflective- 
ly armed with the materials of war plundered 
from the Federal Government. 

It was my fortune to reach San Antonio early 
in the month of March, and to become a partici- 
pator in the results of these humiliating events. 
I had escaped detection when passing through 
the seceding States, in the hopes of joining my 
command at Fort Bliss on the extreme frontier 
of Texas. On the route of travel from Cincinnati 
to New-Orleans by steamer, passengers were 
greatly excited, discussing the political events of 
the daj^ 'Men from the North and the South 
then dared to communicate to each other their 
hopes and fears upon the exciting events agitat- 
ing both sections of the country ; and travellers, 
in social conversation, unhesitatingly expressed 
their devotion to the Union, and their anxietj' 
that the political dissensions, now so threatening, 
should be amicably adjusted in despite the activ- 
it}^ of political organizations so fast involving their 
States in secession and consequent ruin. The 
telegraph was the means of keeping the cities and 
towns bordering the Mississippi River in a con- 
stant state of fermentation. At Memphis informa- 
tion was received that Fort Sumter had been reen- 
forced, and that a war of extermination had been 
declared bj'^ President Lincoln against the South. 
At Natchez intelligence was in like manner com- 
municated that Fort Sumter had capitulated, and 
that Mr. Lincoln had fled from "W'ashington. Ex- 
tras from the various newspapers scattered these 
reports into every county in the States. Bonfires 
and cannon celebrated the one, while the former 
only tended to exasperate the morbid tastes and 
feelings of the populace, and to discard the long- 
cherished affection for the Union. These reports 
were not contradicted nor were they designed to 
be ; ftilse impressions were thus made upon the 
minds of good and loyal men, and love for our 
common country was turned to malignant hate 
through the activity of malicious and designing- 
men. At New-Orleans the State Convention was 
in session, and the grave question was being dis- 
cussed, as to whether the Constitution of the 
Confederated States should be submitted to the 
people. In common with others, supposed to be 
friends, I expressed my views and wishes in re- 
gard to the course of the Administration, vindi- 
cated its justness, fiiirness, and liljerality to all 
parts of the Union, and declared my belief that 
we would yet come together in harmony and in- 
terest. I was informed in the course of the day 
that my opinions were tr-easonable and had been 
reported to tlie Convention, and in order to avoid 
detection, my judicious course was to leave the 



city as early as practicable. Not wishing to be 
annoyed, I left for San Antonio the next morning, 
and the day after my arrival there, was iTiformed 
by the Committee of Public Safety that I would 
not be pei'mitted to proceed farther upon my 
journey. An emissary from the Convention, I 
learnt, had accompanied me from New-Oilcans to 
vSan Antonio. I found the city in the hands of 
Texas, business was suspended, and the populace 
still doubting to which Government thcj' belonged, 
waiting the crisis of portending events. The ban- 
ner of the " Lone Star" was flying from all the 
public buildings, which, in a few days, was re- 
placed by the confederate flag. The authority of 
the United States Government, civil and military, 
was discarded, and the entire country was gov- 
erned b3'-a vigilance committee^ supported by vol- 
unteer troops. 

Secession was accomplished ; and the absence 
of industry and cheerfulness so striking in this 
beautiful and once enterprising town, told plainly, 
but sadly, the despotism of error, and the inevit- 
able results from misguided public opinion. Col. 
Waite was actively engaged in carrying out, in 
good foith, the terms of capitulation which unfor- 
tunately had fallen to his lot to execute. He was 
without any instructions whatever fron_i the Gov- 
ernment at Washington other than that trans- 
ports had been ordered from New-York to Texas 
for the troops ; he hastened their departure to 
avoid that which was so much apprehended — 
collision and the shedding of Mood. The troops 
from the frontier, as fost as transportation could 
be obtained, passed through San Antonio in de- 
tachments for Indianola, the port of embarkation, 
where it was expected transports would be await- 
ing their arrival. Emissaries from the confeder- 
ated States hung upon their flanks and sought 
their camps from day to day, endeavoring by 
promises of pay and increased rank to induce 
them to join their cause. To such solicitations 
these brave and hardy veterans were unapproach- 
able, and declared their determination to serve 
the Government they loved and honored, and to 
sustain that flag which they had carried in tri- 
umph through so many conflicts and perils. 

AVhen these troops, some twelve hundred, were 
encamped at Indianola, a more direct and strenu- 
ous eftbrt was made to alienate them from their 
loyalt}". Col. E. Van Dorn, now of the confeder- 
ate army, but recently a captain in the Second 
United States cavalry, was deputed hy the au- 
thorities of Montgomery to visit this camp to en- 
deavor to obtain both officers and men. To insure 
success, he brought with him written authority 
from the President of the confederated States, 
guaranteeing increased rank and pay. His service 
in Texas, his long association with the officers 
and men, many of the latter of his own company 
which he so recently abandoned, might, it was 
supposed, induce many to join the government 
which he acknowledged, but after two days of 
fruitless etlorts, he abandoned the project, and 
owned his mission a failure. These troops em- 
barked for New- York on the fifth of April, as did 
also a detachment from the mouth of the Kio 



136 



REBELLION" RECORD, 1860-6L 



Grande in accordance with the understanding 
with the State of Texas. The remote stations of 
some of the commands prevented their ai'rival at 
Indianola as soon as anticipated, or as soon as 
could be desired. In the mean time the political 
aspect of events throughout our country was to 
those straggling to escape from Texas sad and 
discouraging indeed. No instructions, no encour- 
agement, no S3'mpathy was received from any 
quarter by those whose loyalty had been so con- 
sjiicuously and faithfully ti-ied. As the deter- 
iriination of the Government to maintain inviolate 
the Constitution and the Union became known, 
the acrhnou}^ and vindictiveness of the citizens in 
this quarter increased in a corresponding ratio. 
The surrender of Fort Sumter was received in 
San Antonio on the seventeenth of April. There 
was no rejoicing among the people. The active 
leaders in secession endeavored to infuse into the 
populace some expressions of exultation, but the 
prevailing sentiment was depression and gloom. 
It was the tocsin which aroused the American 
people to arms. At this time a detachment of 
three hundred infantry, commanded by Major C. 
Sibley, United States army, had encamped at 
Indianola preparatory to embarkation. The 
steamer Star of the West was daily expected to 
take the command to New-York. In painful 
anxiety these troops were kept in suspense for 
many days, surrounded by an active and vindic- 
tive enemy. A steamer was sent to search after 
the long looked for vessel, and while under way 
an attempt was made to run her ashore, and thus 
defeat the object, and would have proved success- 
ful had not the United States officer on board 
seiz^ed the captain and threatened him with in- 
stant death. Such was the vigilance and power 
of secession committees, no man, however humble 
or elevated his vocation, dared to express his 
favorable sentiments towards the United States 
Government by word or deed. The authorities 
at Montgomery now finding that the attack upon 
Sumter would precipitate an open warfare, des- 
patched Col. Van Dorn with instructions to armrest 
the United States officers and soldiers remaining 
Texas. Upon reaching Galveston he learned that 
the Star of the West was expected at Indianola, 
when he obtained the steamer General Husk, 
placed on board an armed force of volunteers with 
artillery awaiting the embarkation of Major Sib- 
ley's command. Approaching her by night he 
was hailed and answered: "United States troops 
to come on board." He was directed to come 
alongside. Col. Van Dorn and his conunand 
were assisted on board, when the captain and 
ci'cw were made prisoners of war, and the sliip 
taken possession of in the name of the confeder- 
ated States. Major Sibley ignorant of these 
events, and abandoning all hopes of the Star of 
the West, chai'tered two small schooners, the 
only vessels in port, and eml)arked his command 
for New-York. Upon getting under way, and 
proceeding to the sea, the vessels were found so 
crow Jed with men, women, children, and their 
baggage, it was found impossible to manage them, 
when an effort was made to obtain another trans- 



port. The delay was fatal. While this was be- 
ing acconqilished, Col. Van Dorn entered the bay 
with three steamers laden with armed iuen from 
Galveston, upon which was placed artillery, pro- 
tected by cotton-bags. He intercepted this most 
unfortunate cotnmand, and demanded an uncon- 
ditional surrender. Jlajor Sibley and his little 
band were helpless ; resistance was destruction. 
After much delay, terms were made, and anus 
were surrendered, and the officers and men M"erc 
permitted to return to their Government on parole. 
Here again that loyalty which had heretofore dis- 
tinguished oiu" soldiers was evinced, for, though 
surrounded by an cnemj', and threatened with 
destruction, they commenced tlu'owing their mus- 
kets overboard, and were only prevented b}' the 
timely interposition of their officers. Upon the 
surrender of their arms was conditioned their 
obtaining subsistence from day to clay. They 
denounced the authority that so disgracefully 
betrayed them, and turned with pride and exult- 
ation to the Government they had served, and 
which they believed would extol their fidelity 
and punish the aggressors. While these events, 
so disgraceful and disastrous to our arms, were 
transpiring at Iiidianola. all communication was 
cut off with San Antonio by tlie large num))er of 
Texas troops in the field. These troops had con- 
gregated on the coast to capture Major Sibley and 
his command in the event of his not embarking. 
Col. Waite, at San Antonio, was ignorant of 
the fate of the troops at Indianola, as he was of 
the command under Brevet Lieut. -Col. Reeve, 
Eighth infancy, consisting of three hundred men 
and five officers ; which had, it was supposed, 
left Fort Bliss, on the Rio Grande, early in the 
month of April, but in like manner was depi'ived 
of communicating with them. A vague rumor 
had got abroad in the conuuunity, that the offi- 
cers and men remaining in Texas were to be ar- 
rested and detained as prisoners of war. The 
proclamation of the President of the United States 
liad been received, allowing twenty days for the 
laying down of arms. This exasperated the pop- 
ulace, and changed our heretofore social inter- 
course among the citizens to distant coldness 
and reserve. We felt that we were in a foreign 
land, surrounded by enemies. No conununica- 
tion was had with the Government at Washing- 
ton ; indeed, from the well-authenticated reports 
received from New-Orleans, and from Montgom- 
ery, serious doubts were entertained whether the 
Government we claimed was in existence. The 
telegraph despatches from New-Orleans, of April 
twenty-third, announced that Gen. Scott was at 
tlie liead of the Virginia troops marching on 
Washington, that President Lincoln had fled, 
and that sixty thousand men from Virginia and 
Maryland were surrounding the Capital. That 
the Seventh New -York, and the Massachusetts 
regiments, had been cut up in Baltimore ; and 
that a strong force was beiug organized in the 
North, in opposition to the policy of coercion 
adopted by the President of the United States. 
The hopes and prosjjects of our country were 
gloomy and discouraging. 



DOCUMENTS. 



137 



On the morning of the twenty -third of April, 
from the assembling of the confederated troops 
and volunteers, it was evident some important 
measm'e was contemplated. The populace were 
crowding the streets in anticipation of the event. 
By ten o'clock, it became known that Colonel 
Waite, and the officers on duty with him, who 
were carrying out, with the utmost energy and 
good faith, the terms of the capitulation, were 
to be made prisoners of war, bj'' orders from the 
President of the so-called Southern Republic. 
Capt. Wilcox, with his company, was designated 
to perform this duty, while a formidable force was 
in the vicinity, lest these fourteen officers, without 
arms or men, should manifest a disposition to resist 
this most flagrant violation of the terms agreed 
upon by Gen. Twiggs with the Texas Commis- 
sioners. The following is a minute detail of the 
transaction as recorded at the time : 

Memorandum relating to the Arrest of Colonel 

C. A. Waite, U. S. A., and the Officers of the 

JJ. S. Army on Duty at San Antonio, Texas, 

without troops. At Col. Wane's Quarters, Col. 

Waite and Major Sjyrague only 2)resent. 

San Antonio, Texas, April 23, 1S61. 

Capt. Wilcox, [with his sword, commanding 
Texas troops]. — Good morning, Colonel ! 

Col. Waite. — Good morning, sir. 

Capt. Wilcox. — I have come to request you to 
go over to Major Macklin's office. 

Col. Waite. — For what purpose, sir? 

Capt. Wilcox. — As a prisoner of war! 

Col. Waite. — What authority have you ? 

Capt. Wilcox. — I have authority from Major 
Macklin. 

Col. Waite. — Who is Major jMacklin ? 

Capt. Wilcox. — An officer of the confederate 
States. 

Col. Waite. — I do not, sir, recognise any such 
authority. Have you the authority ? I should 
like to see it. 

Capt. Wilcox then took from his pocket an or- 
der from Major Macklin, which Col. Waite read, 
directing him (Wilcox) to proceed with his com- 
pany and arrest the officers of the United States 
Government on duty in San Antonio, Texas. 

Col. Waite. — " I protest against any such act, 
and will not obey the order except by force. 
Have I committed any offence? " To which, Wil- 
cox repUcd: "None that I know of" "It is, 
then," said Col. Waite, "a most unwarranted act 
of usurpation, and in violation of the modes and 
customs of civilised warfare, and a gross outrage 
upon my individual rights. I protest against it 
in the name of my country. Your authority I do 
not recognise, nor will I obey any order from 
you ; nothing but the presence of a force greater 
than I can overcome, will cause me to relinquish 
my personal freedom. There is nothing in his- 
tory to equal this usurpation." Thereupon Capt. 
Wilcox said, "I have the. force," and started for 
the public store-houses, and immediately returned 
vpith thirty -six footmen, Texas troops, armed 
with rifles and sabre-bayonets. The command 
was halted in front of Col. Waite's quarters, when 



Capt. Wilcox entered the house. Col. Waite then 
walked to the door, when, upon looking out, he 
remarked: "Is that your guard, sir?" "Yes, 
sir," replied Capt. Wilcox. "There are more 
men," remarked Col. Waite, "than I can resist, 
and I again protest, in the name of my country, 
against this gross and unwarranted act of usurpa- 
tion, and in violation of my personal rights. 
AVhere do you wish me to go, sir?" "To the 
ordnance office, sir," said Capt. Wilcox. Colonel 
AYaite then took his hat, and passed to the front 
of the guard, when arms were shouldered, and 
the crowd proceeded through the public street. 
As Col. Waite was passing into the custody of 
the guard. Major Sprague remarked to Capt. AV'il- 
cox : " I concur fully in every word uttered by 
Col. Waite in regard to this outrage." Major 
Sprague then joined Col. Waite, and proceeded, 
amid a crowd of boys. 

Arriving at the building where the public offices 
are, the command was halted, and Capt. Wilcox 
ordered the other officers, viz. : Major Wm. A. 
Nichols, Assist. Adj. -Gen. ; IMajor Daniel McClure, 
Pay Department ; Brevet Lieut. -Col. D. T. Chan- 
dler, Third infantry ; Capt. R. Garrard, Second cav- 
ahy ; Surgeon E. A. Abadie, Medical Department ; 
Assist. Surgeon J. R. Smith ; Assist. Surgeon E. P. 
Langworthy, Medical Department ; Capt. A. T. 
Lee, Eighth inf\intry ; Lieut. E. L. Hartz, Eighth 
infantry ; Lieut. E. W. H. Read, Eighth infantry ; 
Capt. R. ]\I. Potter, Military Storekeeper, who had 
been previously arrested, and were within the 
building in charge of a sentinel, to proceed. The 
officers in a body, in charge of the guard, were 
conducted to the oiifice of Major Macklin. After a 
few moments' silence. Major Macklin said : " Col. 
Waite, it becomes my duty to arrest j"Ou, and the 
other officers, as prisoners of war." "By what 
authority, sir?" "That is my business, sir, not 
yours," responded Major Mackhn. "But," said 
Col. Waite, "I should like to know by what power 
I am deprived of my personal rights ? " "I have 
the power from the President of the Confederate 
States," answered Major Macklin. " Such author- 
ity I do not know, nor shall I obey it," said Col. 
Waite. " Have I, or my officers, committed any 
offence ? Did we not come here as friends, and 
have we not been such to all the interests of Tex- 
as ? More than that, is there not an agreement 
with the Texas Commissioners, guaranteeing to 
the men and officers, my entire command, to go 
out of Texas unmolested ? That, sir, has been 
carried out faithfully on our part, in every re- 
spect. By what right, then, am I to be restricted 
of my liberty ? and by what authority am I and 
my officers made prisoners of war? I protest 
against it ! " "There is no use of protesting," said 
Major Macklin ; " I do not wish to liear any pro- 
test, it is unnecessary — I have my orders." " i>ut 
I will protest," replied Col. Waite; "in the name 
of my country and Government, I protest. I de- 
nounce it as an act of unwarranted usurpation, 
and against the custom of war, and in violation of 
my personal rights. I suppose you intend to re- 
gard the rights and customs of civilisation? I 
know no war : we have been acting as friends ; 



138 



REBELLIOX RECORD, 1860-61. 



we are not here in a hostile attitude ; we came 
into the country as friends, and are g,oing' out as 
such." " Yes," responded Major Macldin, "I have 
my duty to perform, and shall do it." " I repeat," 
said Ool. "Waite, " it i.s gross, unheard of, unwar- 
ranted, and treacherous; nothing but the pres- 
ence of a force requires me to listen to such meas- 
ures, much more to obej'^ them. Had I the means, 
it would be quite different ; I would resist until 
death." "I am aware of that," answered Major 
Macklin ; " I have as much confidence in the cour- 
age of your officers as j'ou have." 

"What do you propose?" enquired Colonel 
Waite ; " I am obliged to consider myself a pris- 
onei-, and should like to know the future." " I 
have here, sir," replied Major Macklin, "paroles," 
(handing a manuscript to Col. Waite,) "which 
the otticers are at liberty to avail themselves of" 

One of these was then read by Col. Waite. 
" Such a paper I shall not sign," said Col. Waite 
indignantly ; " it is highly objectionaV)le, and I 
shall remain a prisoner." "Very well," answer- 
ed Major Macklin ; " these paroles will not be pre- 
sented to you again without you request it." 
" What rank do you hold, sir?" enquired Colonel 
Waite. " I am a major," replied Major Macklin. 
" In the provisional or regular army ?" enquired 
Col. Waite. " In the regular army, sir, of the 
Confederate States," responded the Major. 

A general conversation ensued among all par- 
ties, in which there was much angry excitement. 
Major JIacklin improved the first opportunity 
to speak, and remarked that " he should send 
the officers to Victoria, one hundred miles dis- 
tant, to Col. Van Corn's headquarters," and de- 
sired to know how soon Col. Waite could be 
ready, and suggested to-morrow — even intimated 
to day ; whereupon Col. Waite and the officers 
present said: "It was impossible to arrange their 
fiimily affiiirs in so short a time." " How long a 
time," a.sked he, " do )^ou require — one, two or 
three daj^s ?" " I presume we can have trans- 
portation ?" suggested Col. Waite. " There icill 
he tmrnpoi'tation for you, sir .'" replied Major 
Macklin, with emphasis and anger. Again a gen- 
eral conversation took place; still much excite- 
ment was evinced among all parties. The en- 
quiry was made of Major Macklin, if he had any 
discretion in the matter ? He replied that he had 
none. The character of paroles and the rights of 
prisoners then became a general subject of con- 
versation. Each oflicer present said he desired 
at least twenty -four hours to consider the subject, 
as it was of great importance. 

Ool. Waite asked for one of the manuscript 
paroles, when Major Macklin, in a very oifensive 
manner, declined, saying, "he had use for them." 
This again caused much evident, excited and 
indignant feehng. "It is my desire," said Col. 
Waite, " to put some officer in charge of our sol- 
diers to be left here (the Eighth infantry, band 
and clerks at headijuarters) as prisoners, should 
I accept the parole, to attend to their personal 
rights, police and comfort." " You need have 
no concern about that, sir," responded Macklin ; 
" we will save you that trouble ; we will attend 



to that ; no officer M'ill be permitted to have any- 
thing to do with them ; you will not be allowed 
to give an}^ orders here." Col. Vfaite, in answer, 
said: "It is your wish and object to corrupt 
them, and to force them into your service, but 
they will not stay with j'ou, they will desert." 
" Your language, sir," said Major Macklin, "is of- 
fensive; I cannot permit it." Col. Waite replied: 
" The facts, sir, are doubtless off-'ensiee ! My 
language is not intended to be offensive ; I will 
talk, and state the facts. I also claim the right 
to send an officer to my Government with sealed 
despatches, on parole." "That, sir," replied Ma- 
jor ^lacklin, "will not be allowed." "But," said 
Col. Waite, " can I not make my official report ? 
To send an officer to headquarters, after impor- 
tant events, is the custom of all armies and troops 
among civilised people." " Perhaps it is, sir ;" 
replied Major Macklin. After a long conversation, 
and the excitement somewhat abated, Major 
Macklin was asked if he would grant to each offi- 
cer twenty-four hours to consider upon the sub- 
ject, when they would report to him in person, 
their determination. To this he agreed, and per- 
mitted each officer to take one of the manuscript 
paroles for consideration. The guard at the door 
was then dismissed and the officers retired. 

Wednesday, April 24, ISGl. 
The officers met at twelve m., to-day, at the of- 
fice of the commanding officer, JIajor ilacklin, as 
agreed upon yesterday. No fjirther modifications 
could be had of the terms offered 3'esterday, ex- 
cepting a provision for exchange as prisoners of 
M^ar, and the privilege granted to Col. Waite to 
report the facts and past transactions to his Gov- 
ernment. The terms now were, the acceptance 
of the paroles or to be treated as prisoners of war. 
There was no alternative but to be subjected to 
the rabble, to crowds of undisciplined troops re- 
gardless of authority or control, to the vindictive 
and active prejudices of men in authority who 
had already stipulated terms, or take the paroles 
offered, and ask safe conduct out of the State. 
The latter was determined upon as the only 
method which could secure safe egress or escape, 
and place the officers within reach of the authori- 
ties of the United States Government. Each 
officer took his parole under the protest made by 
Col. Waite the day previous. 

Col Waite and his officers were now prisoners 
of war — on parole. To remain in the State in 
this situation no possible good could result ; in- 
deed, it was the desire of true and loyal citizens 
that they should leave as soon as possible, thus 
removing all cause of irritation, as they were con- 
sidered obstinate enemies to the cause. A Union 
sentiment still lingered in the community, and 
there was a hope entertained by influential men 
that with tlie populace, when brought to serious 
reflection, their exertions would be of some avail. 
"But," said they, " if representatives of the Fed- 
eral Government are in our midst, evil passions, 
leading to violent acts, will be excited, when we 
must come to your support, and thus endanger 
our lives, and jeopardise the safety of our prop- 



DOCUMENTS. 



139 



erty and families. In the ranks were men from 
the North as well as the South with arms in their 
hands, who sought private opportunities to ex- 
press to officers their devotion to the Union, but 
their personal safety as well as securit}'' to their 
property, compelled them to espouse a cause re- 
pugnant to their education, sentiments and feel- 
ings. The rapid and fearful current of disunion 
was too powerful for individual resistance, and 
the only prospect of staying or directing it, was 
in uniting in the wild and wayward frenzy gov- 
erning the public mind. Paroles were given by 
each officer as follows : 

Parole. 

IlEADQUAnTERS CONFEDERATED ArMY IS TEXAS, ) 

San Antonio, Texas, April 23, 1S61. ) 

No. 1. 

1 hereby do declare, upon my honor, and 
pledge mj'self as a gentleman and a soldier, that 
I will not take up arms or serve in the field 
against the government of the Confederated States 
in America, under my present or any other com- 
mission that I may hold during the existence of 
the present war between the United States and 
the Confederated States of America ; and that I 
will not correspond with the authorities of the 
United States, either military or civil, giving infor- 
mation against the interest of the Confederated 
States of America, unless regularly exchanged. 
[Signed] J. T. Sprague, 

Brevet Major and Captain Eighthi Infantry 
United States Army. 

Accepted. 

[Signed] S. Macki.in, 

Major of Infantry, Confederate States Army, 
Commanding. 

Witness, Capt. C. L. Sayke, 

Acting Assistant Adjutant-General, 

Confederate States Army. 

Safeguards were placed in the hands of the 
officers as follows : 



No. 



Safeguard. 



Headquarteks Confederated States Army in Texas, ) 
San Antonio, Texas, April 26, 1861. j 

To all guards, patrols, citizens, and all con- 
cerned, within the limits of the Confederated 
States, the bearer, Brevet Major John T. Sprague, 
United States Arni)^, a prisoner of war, on his 
parole of honor, is herebj^ permitted to pass 
through each and any of the Confederated States, 
without let, or hindrance, or molestation of any 
kind whatever. 

[Signed] S. Macklin, 

Major Confederated States Army, Commanding. 

Col. Waite then issued the following order to 
the officers with him : 

No. 3. San Antonio, Texas, April 25, 1861. 

Siu : Having been forcibly seized on the twentj''- 
third instant, by an armed force of Texas troops, 
and your services being no longer required here, 
you will proceed to the headquarters of the 



army, and report yourself in person to the Gen- 
eral-in-Chief 

I am sir, very respectfully, 

Your obedient servant, 
[Signed] C. A. Waite, 

Col. United States Army. 

About this time a detachment of infontrj'-, 
thirty-two men, -arrived in San Antonio from the 
interior. They were at once surrounded by an 
armed force of two hundred men, and required 
to sui^ender unconditionally. The soldiers pro- 
tested, and commenced breaking their arms upon 
the gi-ound, declaring "that no enemy to their 
government should ever use them." The inter- 
ference of the officers put a stop to these eviden- 
ces of loyalty, in which they cordially partici- 
pated, but resistance was certain destruction, if 
not starvation, as provisions could only be ob- 
tained from the United States stores in the hands 
of Texas. An officer was designated to take 
care of these men, but the day after, his actions 
were circumscribed, upon receiving the following 
letter from the military commander : 

Headquarters Confederate States Army, I 
San Antonio, Texas, April 28, ISOl. j 

Colonel : I understand that Lieutenant C. L. 
Hartz, Eighth infantry, visited Capt. Lee's com- 
pany on yesterdajr, and excited them to be true 
to their allegiance to the United States, etc. 
When I granted leave to visit the companj", I did 
not expect such a course would be pursued. I 
am compelled therefore to forbid any visiting 
only in company with an officer of the Confeder- 
ate States Army. When they are to be visited, 
Capt. James Duff will accompany the officer, or 
some other officer will be detached by him. 
Your obedient servant, 
[Signed] S. Macklin, 

Major Confederate States Army, Commanding. 

To Col. C. A. Waite, United States Army, 
Present. 

The troops from Fort Bliss, six hundred miles 
distant, in command of Brevet Lieut. -Col. J. V. 
D. Reeve, three hundred men and six commis- 
sioned officers, known to be on the way to San 
Antonio, caused much solicitude. Every effort 
was made to communicate to him the state of 
affairs in San Antonio, that he might retrace his 
steps, or cross the Rio Grande into Mexico. 
Mexican guides, intimately acquainted with the 
Indian Trails.^ were employed at high compensa- 
tions ; one Avas paid seven hundred dollars, con- 
ditioned upon his returning a written acknow- 
ledgment of his success. From the recent 
capture of Col. Reeve and his command hj the 
Texans, it is presumed these messengers could 
not have effected the object. These troops are 
now in Texas, prisoners of war. Paroles were 
refused them ; the authorities there declaring 
their determination to retain them as hostages. 

So fjir removed from the Federal Government, 
and all connnunications by mail directed to Wa.sh- 
ington intercepted, there was no hope, or expec- 
tation of relief or support from any quarter 



140 



REBELLION RECORD, 18G0-61. 



With the supervision over the entire country, 
through the aid of Vigilance Committees and 
mounted men, escape was impossible. There 
was no alternative, but to leave the State under 
the paroles given, and seek as soon as possible, 
the protection of the Federal Government. On 
the first of May, the officers left San Antonio 
with their families for the coast, two hundred 
and fifty miles distant, accompanied by an escort 
of Confederate States ti-oops. 

Three grave questions have been asked by the 
casual reader and observer, of the events fbllow- 
ing the treachery of Brevet Major-Gen. Twiggs 
in Texas. 

The first is : Wh}- did not Col. Waite, upon 
taking command, destroj'' the capitulation en- 
tered into by Gen. Twiggs, with the Texas Com- 
missioners. B3' a careful perusal of the details, 
as given, the reason is obvious. His troops were 
scattered along a frontier fourteen hundred miles 
in extent, in small detachments, with which he 
coidd not communicate. He was totally desti- 
tute of subsistence, ammunition, and means of 
transportation. 

The second: TVhat was the duty of General 
Twiggs, when assuming in the month of Decem- 
ber, the command of the Department of Texas ? 
It was to have concentrated his entire com- 
mand, two thousand five hundred men, in the 
vicinity of San Antonio, and protected the public 
property, mvuiitions of war and supplies, and 
given support and confidence to the lovers of the 
Union. 

The third : Are the paroles given to the Uni- 
ted States officers on duty in Texas binding? 
This question may well be answered by asking 
another. fLas the Government of the United 
States confidence in the integrity and loyalty of 
these officers, under these humiliating and trying 
events? If so, will not the })ublic demand a 
faithful fulfilment? If violated, tliey may well 
doubt their oaths of allegiance, for if by artifice, 
fraud, or ingenious arguments, their honors may 
be compromised, they can, under such a subter- 
fuge, desert their country's cause in the hour of 
trial. They pledged their honors, though under 
protest, but the necessity existed, and the paroles 
were given. 

In taking a cursory view of events witliin the 
time referred to, we see the same sentiments and 
passions animating the citizens of Texas, as had 
distinguished the course of leading men in all 
parls of the South. The dark wave of rebellion 
had rolled with fearful rapidity towards this pros- 
perous State. From the time Gen. Twiggs had 
enteix'd upon his duties there, the 'current of re- 
bellion had been gaining strength from day to 
day, requiring only preliminary measures, in the 
way of conventions and the form of elections, to 
perfect the object. Gov. Sam Houston refused 
to convene the Legislature, as the first step to- 
ward.s secession, declaring it was not the popular 
voice of Texas. He was denounced in unmea- 
sured terms in political meetings convened in the 
principal towns. These proceedings having no 
effect upon his resolution, the citizens of counties 



were desired — through self-constituted committees 
— to open the polls for the election of members 
to a State Convention, to be held in Galveston. 
If five citizens united in the wish, the polls were 
opened. The result was, the Convention held in 
Galveston, on the first of February, 18(JL The 
act of secession was at once passed, and to be 
submitted to the people on the twenty-third of 
February; and if approved, to take effect on the 
second of March. The people were called upon 
to cast a vote clearly written out — for secession, 
against secession. The polls were guarded with 
care, and the bold man who dared to vote in the 
negative was maj'l-ed, in the common parlance of 
the day. The Convention re-convened on the 
day appointed. The vote, as officiallj' reported, 
was as follows — one hundred and twenty-two 
counties voted, thirty-four counties made no re- 
turns. The total vote was sixty thousand eight 
hundred and twenty-six, of which forty-six thou- 
sand one hundred and twenty-seven were for 
secession, and fourteen thousand six hundred and 
ninety-seven against, giving a majority of thirty- 
one thousand four hundred and thirty-two in favor 
of the measure, The Convention proceeded to 
enact laws, and to assume other functions more 
properly belonging to the Legislature of the State, 
when Gov. Houston informed them that, with the 
confirmation of the act of Secession, their duties 
ceased, and refused any cooperation. Upon this 
announcement, an act was immediately passed, 
expelling him from the Gubernatorial chair, and 
appointing Lieut. -Gov. Clarke in his place. Gov. 
Houstofi, with a bold and determined spirit, sur- 
rounded by an excited people, denounced the 
acts of the Convention, and condemned the par- 
•tisan spirit which was so rapidlj^ hurrying Texas 
into the fearful vortex. He warned the country 
of its dangers, and declared his determination to 
live within the Union, and under that Govern- 
ment which had honored him, and secured so 
many blessings to all classes of society. Not- 
withstanding the act of the Convention, expelling 
him fi'om his official chair, to which he had been 
called b}^ the almost unanimous voice of Texas, 
he declared that he was still Governor, and should, 
upon the meeting of the Legislature in August, 
transmit his customary message, and if it was not 
received, he would promulgate it himself. He 
had an abiding faith in the sober judgment and 
convictions of the people, after these exciting in- 
fluences had died away, and that a revulsion 
woukl take place, and the ballot-l»ox restore him 
to his position and the State to its fidelity. About 
the tenth of Api-il, a messenger anived at Avistin, 
from the Cabinet at AVashington, tendering to 
Gov. Houston the United States forces then in 
camp at Indianola, en route out of Texas, under the 
Twiggs capitulation. This he declined, believing 
that the Union sentiment would be triumphant 
at the polls. Had these troops been retained, a 
rallying-point would have been given to thou- 
sands, who were rushed into this calamity from 
the fear of violence and the destruction of their 
property. "Without the means of defence, depen- 
dent upon personal industry for subsistence from 



DOCUMENTS. 



141 



day to day, they had no alternative but to be car- 
ried along by the crowd, under the guidance of 
imaginary wrongs. For a time, the most intelli- 
gent dared to speak audibly for the Union, but 
the pressure and the active measures applied 
to such in their private and public relations, as 
well as social, soon destroyed all indications of a 
favorable change. Volunteers were mustered into 
service, and the citizens of San Antonio formed 
themselves into companies, requiring doubtful 
men to take the oath in support of the Confeder- 
ate States. Officials and practitioners at the bar 
renewed their oaths, and the grand-jury present- 
ed those who, by word or deed, thwarted the 
complete triumph of secession. The policy of the 
Federal Government was still undeveloped : delay 
and forbearance had been construed into timidi- 
ty, even fear ; and the belief vras generally enter- 
tained by the conservative men, that a recon- 
struction of the Union would be attained — if not, 
a peaceful separation. Doubts and fears filled 
the public mind with intense anxiety. "Blood 
must be shed in less than twenty days," said a 
United States Senator, writing from Montgomery, 
on the seventh of April, "or secession is at an 
end." The attack upon Fort Sumter, and the 
Proclamation of Mr. Lincoln, on the fifteenth of 
April, 1861, closed the door to all compromise, 
unless upon constitutional grounds. The out- 
rages inflicted upon our flag, caused those men 
whose sentiments had been smothered from ne- 
cessity to feel deeply their position, causing them 
to express freely their animosity towards those 
who had made them partisans in a contest so 
critical in its character, and so doubtful in its re- 
sults. The firm tone of the Proclamation and 
the measures adopted, created sorrow and disap- 
pointment throughout the community. " Can it 
be possible," said the violent partisan, "that the 
North is determined to make war upon us and 
shed our blood ? We have been for secession in 
the hope and expectation of a re-construction of 
the Union, and have been led to believe there 
was a strong party in the North active in our be- 
half" The vigorous measures indicated by the 
Cabinet in Washington, caused a general depres- 
sion in the public mind. The act of secession 
had now become personal, and the active sup- 
porter found himself denounced as a rebel in 
arms, and threatened with punishment by the 
Government which had protected him through a 
long life. The future was dark and gloomy ; the 
streets were solitary, business was suspended, 
and the cheerful recognition among friends, differ- 
ing in sentiment, was at an end. The Union men 
were silent, while the secessionists became vio- 
lent and vindictive. A man from the Noi'th was 
at once denounced as an Abolitionist, a Black Re- 
publican, a Lincoln man — consequently, an ene- 
my. 

Our flag was denominated the old rag, the 
Government, the hull\ the loreclc ; and those 
who adhered to its destiny, were either assailed 
by gross epithets, or sympathy expressed for men 
whose fortunes were so desperate, and whose 
minds were so dark and deluded. In the face of 
Sup. Doc. 9. 



all this, there was a Union feeling in Texas. The 
large population of Germans, together with the 
Irish, Poles, and citizens from Pennsylvania and 
New- York, looked upon these events with sad- 
ness as well as alarm. Their fixmilies and pro- 
perty were around them ; they had no means of 
escape, nor had they arms or organization for de- 
fence. There was no remedy but quiet submis- 
sion. Texas, remote as she is, must be left to 
her own fortunes. Strike the vitals of this rebel- 
lion, and Texas will fall. She is now threatened 
by a Mexican army upon the Rio Grande, com- 
ing to reclaim that which they proclaim to have 
been wrested from them by force ; and as Texas, 
they say, has absolved herself fi-om her allegiance 
to the United States Government, Mexico claims 
her rights — the repossession of the " Department 
of Texas." 

The Camanche and Apache Indians depredate 
within thirty miles of San Antonio, and the citi- 
zens flee to the towns for protection. It is tluis 
this beautiful country is doomed and desolated 
by the foul spirit of rebellion, which is instigated 
and kept alive by telegrams, false reports, and 
exciting correspondence, leading the people to Ije- 
lieve that the object of the North is to desolate 
their homes, destroy their institutions, and rob 
them of their property. Unfortunate and er- 
roneous as these opinions are, there is no alter- 
native but to meet them with the strong ai-m of 
power. Arguments, entreaties, and forbearance, 
are of no avail. The question is narrowed down 
to one of self-defence : either the Lhiion, the Gov- 
ernment is to be trampled under foot by desper- 
ate and sagacious men, followed by crowds, 
swearing allegiance to their leaders, or the lovers 
of the country must rise in their strength and de- 
fend their firesides and their homes. Partisan- 
ship is at an end ; political opinions are swallow- 
ed up in the defence of the Union. The force of 
the North, physically and intellectually, must be 
put forth, fearlessly and steadily, without passion 
or excitement, but with a firm resolve to maintain 
inviolate, the Constitution of our country. 

The South will submit to no compromise but 
to such as she may dictate. The separation of 
the Union, a total disruption of this Government, 
such as has been meditated for thirty years, is 
the onl}^ basis upon which a reconstruction can 
be based. They will not consent to be governed 
by majorities. The institutions of the South have 
had their sway, and the patronage of the General 
Government has been in their hands for a period 
of sixty years. Political power has been absorb- 
ed hy the extension and growth of our common 
country ; the sceptre which has guided and gov- 
erned the land for so long a period, is broken ; 
and there remains no alternative for those so long 
the rulers, but to disrupt the Union, or submit to 
the voice of the people. When the election of 
Mr. Lincoln was announced, one hundred guns 
were fired in the streets of Charleston, the sec- 
tional candidate was triumphant, and the Union de- 
clared at an end. In this conflict let us not under- 
rate our foes. They are judicious, sagacious, vigi- 
lant, and secretive ; full of zeal, talent, and courage. 



LIBRftRY OF CONGRESS 



142 



REBELLION RECORD, ISfiO-Gl. 



002 338 858 3 



m 



Their cause, whether real or imaginary, is in their 
hearts. Their leaders are honest and sincere in 
destroying the Government, and their followers 
equally so in the full belief, that the policy of the 
Federal Government is to desolate their homes, 
destroy their institutions, and rob them of their 
property by hordes of fanatics coming down upon 
them from the North. 

The proclamation, recently issued by the com- 
mander of their armies, strikingly illustrates the 
delusion of his followers, and the determined ef- 
fort to excite evil passions and prejudices among 
a class of men who blindly adhere to the in- 
junctions of ambitious men. The epithets and 
accusations they well know to be as felse as 
they are unworthy of the heads and hearts of 
those who promulgate them. Well may we ask, 
even in this daj^, Avere these men once our friends 
and countrymen ? How much more will the his- 
torian, in time to come, be struck with sorrow and 
regret, as he gathers up for posterity the inci- 
dents and events now passing around us ! * 

This political revolution has introduced into the 
history of the times ingenious expressions to hide 
the more offensive epithet of treason. State 
rights. State sovereignty, and secession, have 
WTecked the fortunes of many men. These hein- 
ous and artful doctrines, fabricated and cherished 
in the South for thirty years, have had their in- 
fluence upon the officers of the Federal Govern- 
ment, and induced numbers, born in the South, 
to abandon their colors, upon the instigation of 
their native States. The loyalty of the army as 
well as the navy have been impugned from the 
resignations that have occurred at this critical 
state of pubhc affairs. It is the general impres- 
sion that the larger portion of the officers of the 
army have resigned ; many believe the most dis- 
tinguished and talented. This is a great error. 
On the first of January, 18G1, the army com- 
prised eleven hundred and sixty-seven commis- 
sioned officers. Since that period to the present 
time, two hundred and fifty, of Southern birth 
and proclivities, have tendered their resignation. 
Nine hundred and twenty-seven remain, of well- 
tried loyalty, zeal, and ability, untainted by the 
excesses and heresies of the daj^ "I owe," said 
the immortal Clay, " supreme allegiance to my 
countr)'^ — to my State a subordinate one." How 
much greater is the rebuke to the resigned offi- 
cers of our arm}', when witnessing the position 
of the Commander-in-Chief, Lieut. -(!en. AVinfield 
Scott, who, seated in his official chair in the city 
of Washington, is now directing the operations 
of two hundred and fifty thousand armed men, in 
and out of the field, in the defence of our consti- 
tutional rights. Time has furrowed his brow, 
but his intellect is as firm, well poised, and as 
bright as in his youth. Separated from his na- 
tive State, Virginia, which for half a century has 
bestowed upon him honors and rewards — torn 
from his hearth-stone, around which clustered 
the warm affections of his youth — ^he knows no 



* See Beauregard's " Booty ami Beauty" Proclamation, page 
89, Vol. I., Red. Record. 



State allegiance, no North, no South, but the 
Union — that flag under which he has fought from 
boyhood, and whose Stars and Stripes have been 
consecrated with his blood. 

In this voluntary uprising of a nation's hosts, 
is there no eulogy here to-night for the mothers, 
wives, and sisters, who have sent foith armed 
men to the field ? It is the mother that plants 
deep and lasting in the American bosom tlie germ 
of liberty. How often does manhood turn to the 
incidents of j^outh, when a mother came forth on 
festal daj'S, and decked our paper caps with nod- 
ding plumes of Avar, buckled to our sides the tiny 
sabre ; and as Ave sallied out with the miniature 
flag waving over our heads, her heart vibrated 
with enthusiasm and pride, as she survej-ed the 
long vista of the future, and saw amid contend- 
ing fiictions, in her boy, the patriot, the soldier, 
in his country's cause. The Union of these States, 
to-day, is stronger than ever. That flag, the me- 
mories of Avhich are identified with our homes, 
our parents, relatives, and friends, is not to be 
trailed in the dust, but Avill through fire and 
blood, if necessary, continue to command the 
respect and admiration of the civilized Avorld. 



Doc. 22. 



ADDRESSES DELIVERED BEFORE THE 
VIRGINIA STATE CONVENTION. 

EXTRACTS FROM THE JOURNAL OF THE CONA'ENTION. 

In Convention, February 14, 1S61. 

TnE President presented a communication from 
the Governor of the Commonwealth, enclosing a 
letter from the Hon. John S. Preston, of South- 
Carolina, presenting his credentials as Special 
Commissioner from the Government of South- 
Carolina, and enclosing also the credentials of the 
Hon. Fulton Anderson as Special Commissioner 
fi-om the State of Mississippi. 

The President presented a letter from the Hon. 
Hemy L. Benning, presenting his credentials as 
Special Commissioner from the State of Georgia. 

Mr. Preston offered a resolution for the appoint- 
ment of a committee to Avait upon said Commis- 
sioners, and inform them that this Convention 
respectfully invites them to scats in this hall, and 
will receive at such tune, and in such mode as 
they may severally prefer, any messages they 
may have to deliver. Adopted. 

Committee : Messrs. Preston, Harvie, Macfiu*- 
land, Conrad, of Frederick, and Montague. 

In Convention, February 14. 

Mr. Preston, from said committee, presented a 

report, which Avas unanimously adopted, stating 

that the Conunissioncrs "expressed 'their grateful 

sense of the courtesy shoAvn to them personally, 



LIBRARY OF CONGRESS 



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